UC-NRLF 


STATE  RAILROAD  COpSSIONS- 


TEN  YEARS'  WORKING   OF   THE    MASSACHUSETTS 
RAILROAD  COMMISSION. 


RAILROAD     COMMISSION     LAWS     OF     ALL     THE 
STATES  THAT  HAVE  COMMISSIONS. 


THE 

THTIVEaSITY 


PUMLISHED     BY    THE    RAILROAD    GAZETTE, 
73    BROADWAY,   NEW    YORK, 


CONTENTS  : 


Page. 

TEN  YEARS'  WORKING  OF  THE  MASSACHUSETTS  RAILROAD  COMMISSION.    3 
STATE  RAILROAD  COMMISSIONS,  31 

LAWS  OF  THE  VARIOUS  STATES  ESTABLISHING  RAILROAD  COMMISSIONS.  43 


UNIVERSITY 


TEN  YEARS'  WORKING  OF  THE  MASSACHUSETTS 
RAILROAD  COMMISSION. 


BY  WM.  A  CKAFTS. 

The  necessity  for  some  governmental  control  and 
regulation  of  railroads  has  within  a  few  years  led 
many  states  of  the  Union  to  undertake  that  regula- 
tion through  "  railroad  commissions. ''  In  a  few  of 
the  states  there  had  been  for  many  years  officers 
with  that  title,  but  with  very  limited  powers,  chiefly 
as  to  location  or  construction,  which  in  other  states 
were  exercised  by  local  authorities,  or  not  exercised 
at  all  ;  and  their  jurisdiction  did  not  extend  to  the 
operations  of  railroads,  or  the  relations  of  the  cor- 
porations to  the  public.  The  immense  extension  of 
railioads  since  the  civil  war,  the  vast  amount  of 
business  they  do,  their  great  importance  in  internal 
commerce  of  the  country,  and  their  tremendous 
power  of  aggregated  wealth  and  monopoly  have  led 
the  people  who  are  independent  upon  them  to  seek 
some  method  of  controlling  them,  compelling  them 
to  perform  their  duties  as  common  carriers,  and  pre- 
venting extortion  and  unjust  discrimination.  Gen- 
eral laws  without  some  special  officers  to  supervise 
their  observance  were  found  to  be  inoperative,  and 
resort  was  had  to  commissions,  with  greater  or  less 
powers,  as  a  means  of  enforcing  statute  laws,  secur- 
ing a  compliance  with  the  common  law,  and  main- 
taining the  rights  of  the  public. 

It  is   not  the  purpose  of  this  article  to  discuss  the 
subject   of   railroad   commissions   in   general,  but  it 


may  be  observed,  in  passing,  that  in  those  states 
where  they  exist,  while  they  may  have  corrected 
some  abuses,  they  have  not  succeeded  in  introducing 
the  millennium  wherein  the  lion  of  "  monopoly  "  shall 
lie  down  with  the  lamb  of  "popular  rights.  "  The 
failure  of  such  commissions  to  accomplish  all  that 
might  be  accomplished  may  reasonably  be  attrib- 
uted to  some  or  all  of  the  following  causes  : 

<v])  The  non-reservation  by  the  state  of  the  power 
to  amend  or  repeal  the  charters,  and  to  subject  the 
corporations  to  all  subsequent  general  laws  ;  (2)  the 
creation  of  commissions  mainly  to  enforce  popular 
prejudices  shaped  into  crude  and  irrational  laws,  and 
to  "regulate"  that  branch  of  the  operation  of  rail- 
roads which  cannot  reasonably  be  subjected  to  fixed 
general  rules  ;  (3)  the  making  the  commissionership 
too  much  a  political  office,  subject  to  frequent  change 
of  incumbent,  and  the  appointment  of  men  promi- 
nent in  the  dominant  party,  who,  if  able  enough,  have 
not  made  the  railroad  problem  a  study,  and  bring 
only  narrow  ideas  and  prejudices  to  bear  upon  com- 
plex and  difficult  questions. 

Among  the  railroad  commissions  of  the  several 
states,  that  of  Massachusetts  has  alone  acquired  any 
considerable  reputation  beyond  the  limits  of  its  own 
jurisdiction,  and  been  recognized  as  a  tribunal  whose 
decisions  were,  in  the  main,  founded  in  reason  and 
equity.  This  is  partly  due  to  the  conditions  under 
which  the  board  was  established.  The  right  of  the 
state  to  control  and  regulate  railroads  had  long  been 
admitted  and  was  reserved  in  granting  concessions. 
The  powers  of  the  Commission  were  very  limited, 
and  its  duties  were  very  general  ;  so  that  it  was 
obliged  to  survey  the  whole  field  of  its  possible  oper- 


ations  and  mark  out  for  itself  its  course  of  action. 
It  had  to  cope  with  no  giant  monopoly  intrenched  in 
"  vested  rights,"  such  as  existed  in  some  other  states. 
Moreover,  it  was  fortunate  in  its  composition,  and  in 
the  ability  and  prudence  which  directed  its  action. 

Previous  to  the  establishment  of  the  present  Board 
of  Railroad  Commissioners  there  had  been  two  or 
three  unsuccessful  attempts  to  create  such  a  commis- 
sion. There  was,  however,  no  general  demand  for 
such  legislation,  and  the  railroad  corporations  were 
opposed  to  it.  But  in  1869  the  railroad  system  of 
the  state  had  become  so  extended  and  affected  so 
many  interests  that  public  opinion  favored,  if  it  did 
not  demand,  that  the  state  should  exercise  its  right 
of  control  through  some  officer  or  board  ap- 
pointed for  that  purpose.  The  Boston  Board  of 
Trade  and  the  manufacturing  interests  advocated 
such  a  measure,  and  it  was  supported  by  some  influ- 
ential parties  interested  in  railroad  property  as  a 
wiser  method  of  exercising  state  control  and  shaping 
legislation  than  the  ordinary  process  of  making  laws 
on  subjects  not  thoroughly  understood,  to  be  admin- 
istered by  the  slow  process  of  the  courts.  A  bill  was 
framed  so  moderate  in  its  provisions  that  the  Legis- 
lature, always  jealous  of  delegating  its  authority, 
passed  it  with  little  opposition.  The  corporations 
were  generally  distrustful  of  any  commission  to  have 
supervision  of  their  interests,  but  the  more  pruden^ 
among  their  managers  foresaw  that  if  they  success- 
fully opposed  this  moderate  measure  there  was  dan- 
ger that  it  would  be  followed  by  more  stringent  leg- 
islation, which  it  would  be  impossible  for  them  to 
resist,  and  therefore  they  were  content  to  give  it  a 
trial.  The  trial  proved  that  the  commission  was  a 


6 

tribunal  which  could  protect  their  interests  as  well 
as  those  of  the  public,  and  in  the  course  of  years 
they  found  that  it  saved  them  from  not  a  little  un- 
wise legislation — unwise  because  it  would  prove  un- 
just to  the  railroads  and  would  not  secure  to  the 
public  the  benefits  it  was  designed  to  secure. 

The  law  established  a  Board  of  Railroad  Com- 
missioners, to  be  composed  of  three  competent  per- 
sons to  be  appointed  by  the  Governor,  with  the  con- 
sent of  the  Council.  The  first  appointees  were  to 
hold  their  office  for  one,  two  and  three  years  respect- 
ively, and  as  each  term  expired  one  member  was  to 
be  appointed  annually  for  a  term  of  three  years. 
The  board  was  to  have  a  clerk,  also  appointed  by  the 
Governor,  and  no  person  in  the  employ  or  holding 
the  stock  of  any  railroad  corporation  of  the  state  was 
eligible  to  either  of  the  offices.  This  last  provision 
was  subsequently  made  more  specific,  if  not  more 
stringent. 

The  Commission  was  to  have  a  general  supervision 
of  all  railroads  and  street  railways  in  the  state,  to 
examine  them  and  keep  themselves  informed  as  to 
their  condition  and  the  manner  in  which  they  are 
operated  with  reference  to  the  security  and  accommo- 
dation of  the  public,  and  to  see  that  the  several  cor- 
porations comply  with  the  terms  of  their  charters 
and  the  laws  of  the  commonwealth.  In  the  case  of 
a  violation  of  any  general  law  or  neglect  to  comply 
with  the  terms  of  its  charter  by  any  corporation,  the 
Commissioners  were  to  give  notice  thereof  in  writing 
to  the  corporation,  and  if  the  violation  or  neglect 
continued  after  such  notice,  it  was  to  be  reported  to 
the  Attorney-General,  for  such  proceedings  as  he 
might  deem  expedient. 


When  in  the  judgment  of  the  commissioners  "  re- 
pairs are  necessary  upon  any  such  railroad,  or  any 
addition  to  the  rolling  stock,  or  any  addition  to 
or  change  of  the  stations  or  station  houses,  or  any 
change  in  the  rates  of  fares  for  transporting  freight 
or  passengers,  or  any  change  in  the  mode  of  operat- 
ing the  road  and  conducting  its  business,  is  reasona- 
ble or  expedient  in  order  to  promote  the  security, 
convenience  and  accommodation  of  the  public,"  they 
were  required  to  inform  the  corporation  in  writing 
of  the  improvements  and  changes  which  they  ad- 
judge to  be  proper,  and  to  report  their  proceedings 
in  their  next  annual  report. 

Complaints  could  te  made  by  municipal  authori- 
ties upon  the  petition  of  twenty  or  more  legal  voters. 
Or  if  those  authorities  decline  to  make  complaint, 
they  were  to  indorse  their  reasons  for  so  doing  on 
the  petition,  which  might  then  be  presented  to  the 
commissioners  by  the  petitioners.  If  after  hearing 
the  parties  the  commissioners  adjudged  the  com- 
plaint well  founded,  they  were  to  notify  the  corpo- 
ration in  the  manner  above  mentioned. 

Another  duty  of  the  Commission  was  to  prescribe 
the  form  of  annual  returns  by  the  corporations,  to 
examine  them  and  to  require  the  correction  of  those 
which  were  defective  or  erroneous,  and  to  prepare 
from  them  statistics  for  the  information  of  the  Legis- 
lature. It  was  also  required  to  investigate  the  cause 
of  any  accident  on  a  railroad  resulting  in  the  loss  of 
life,  and  of  such  other  accidents  as  it  deemed  proper. 
An  annual  report  to  the  Legislature  was  to  cover  all 
the  proceedings  of  the  Commission,  and  to  include 
"  such  statements,  facts  and  explanations  as  will  dis- 
close the  actual  working  of  the  system  of  railroad 


8 

transportation  in  its  bearing  upon  the  business  and 
prosperity  of  the  Commonwealth,  and  such  sugges- 
tions as  to  the  general  railroad  policy  of  the  Com- 
monwealth, or  as  to  any  part  thereof,  or  as  to  the 
condition,  affairs  or  conduct  of  any  of  the  railroad 
corporations  as  may  seem  appropriate." 

Such  was  the  scope  of  the  prescribed  duties  and 
limited  powers  of  the  board,  which  are  sufficiently 
comprehensive  to  include  every  branch  of  railroad 
management,  and  to  impose  upon  the  commissioners 
no  very  moderate  amount  of  labor.  But  the  man- 
ner in  which  those  powers  were  to  be  exercised,  and 
those  duties  were  to  be  performed,  it  will  be  ob- 
served, was  left  in  large  measure  to  the  "judgment" 
of  the  commissioners.  In  most  cases  they  could 
only  suggest  or  recommend  such  changes  in  modes 
of  operation,  or  in  rates  and  fares,  as  they  deemed 
expedient.  But,  in  that  very  want  of  direct  power 
lay  the  real  strength  of  the  board,  for  it  was  obliged 
to  weigh  well  its  judgments  and  to  give  the  reasons 
therefor,  which  might  receive  the  support  of  public 
opinion.  And  behind  it  stood  the  Legislature, 
whose  right  to  control  the  railroads  was  not  dis- 
puted, and  by  whose  authority  recommendations  not 
complied  with  could,  if  necessary,  give  to  public 
opinion  the  force  of  statute  law. 

As  a  complement  to  the  duties  of  the  Commission, 
the  corporations  were  required  at  all  times  to  furnish 
the  board,  on  request,  with  information  concerning 
the  condition,  management  and  operation  of  their 
roads,  with  copies  of  all  leases,  contracts  and  agree- 
ments for  transportation  to  which  they  were  parties, 
and  with  the  rates  of  transportation  on  their  roads 
and  joint  rates  on  their  own  and  connecting  roads. 


9 

The  first  commissioners  appointed   under  this  act 
were  James    C.    Converse,    Edward  Appleton    and 
Charles  Francis  Adams,  Jr.,  for  three,  two  and  one 
years    respectively.     Mr.    Converse,  who    Avas    the 
special  candidate  of  the  Boston  Board  of  Trade,  was 
a  prominent  merchant,  who   had    been    President  of 
that  Board.     Before  the  civil  war  he  had  taken  an 
active  part  in  efforts  to   secure    a  more  prompt  for- 
warding and  delivery  of  freight,  and  was  supposed 
to  represent  the  interests    of  shippers.     Mr.    Apple- 
ton  was   an  experienced  engineer,    whose    province 
was  to  advise  the  board  in  matters  relating  to  con- 
struction, equipment  and  methods  of  operation.  Mr. 
Adams,  a  lawyer  by   profession,  had   made  therr.il 
road  problem  a  subject  of  special  study,  and  had  al- 
ready earned  a  reputation  by  several  able  articles  on 
railroad  subjects.     He  had  taken  an  active  interest 
in  the  establishment  of  the  Commission,  and  was  the 
reputed   author   of  the  bill  for  its  creation.     Upon 
him  devolved  the  consideration  of  all  legal  questions 
affecting  the  railroads  and  the  public,  and  naturally 
the    duty    of    preparing    the  reports  of  the  board. 
Hence  he  gave   direction  to  the  inquiries  and  shaped 
the    action    of     the    Commission     on     all    general 
questions. 

Such  was  the  personnel  of  the  Commission  first 
appointed.  A  distinguished  member  of  the  Legisla- 
ture, in  a  speech  opposing  some  measure  relating  to 
its  duties,  described  the  board  as  composed  of  "  a 
merchant,  an  engineer  and  a — philosopher."  The 
last  title  was  given  in  good-natured  derision,  but  as 
Mr.  Adams  had  pursued  the  "  scientific  method  "  in 
his  study  of  the  railroad  problem,  the  title  was  not 
altogether  inappropriate.  If  he  sometimes  gener- 


10 

alized  from  insufficient  facts,  no  one  was  more  ready 
to  correct  an  error  by  further  investigation. 

Mr.  Converse  retired  at  the  end  of  his  term  of 
three  years,  and  was  succeeded  by  Francis  M.  John- 
son, a  successful  merchant,  a  man  of  remarkably 
clear  intellect,  a  keen  insight  into  questions  of  great 
difficulty,  and  a  thorough  master  of  accounts.  Mr. 
Johnson  was  reappointed  for  a  second  term,  for  the 
last  six  months  of  which  failing  health  prevented 
his  attention  to  the  duties,  and  he  died  soon  after 
the  expiration  of  his  term.  His  successor  was  Ed- 
ward W.  Kinsley,  also  a  merchant,  and  a  man 
thoroughly  acquainted  with  the  wants  of  the  travel- 
ing public,  and  quick  to  observe  the  management  of 
railroads  as  to  equipment,  accommodations  and 
facilities. 

Mr.  Appleton  also  retired  at  the  expiration  of  his 
term  of  two  years,  before  the  board  had  fairly 
adapted  itself  to  its  position  or  adopted  a  policy,  and 
was  succeeded  by  Albert  D.  Briggs,  a  civil  engineer 
and  experienced  bridge-builder  ;  a  man  whose  judg- 
ment in  respect  to  matters  of  construction  and  appli- 
ances was  held  in  high  esteem  by  railroad  managers 
and  experts,  and  whose  views  on  all  general  questions 
of  policy  and  management  were  intelligent,  impar- 
tial and  founded  in  reason.  By  successive  reap- 
pointments,  he  served  till  his  death,  in  1881. 

Mr.  Adams,  by  repeated  appointments,  served  out 
a  decade,  when  he  declined  further  service  and  was 
succeeded  by  Judge  Thomas  Russell,  the  present 
Chairman  of  the  board,  an  able  lawyer,  quick  of  ap- 
prehension and  of  large  experience  in  judicial  and 
executive  office. 

None  of  these  appointments   were   in   any   sense 


11 

political,  or  made  as  rewards  for  party  services.  The 
executive  had  honestly  endeavored  to  select  the  men 
best  qualified  for  the  position  who  were  willing  to 
take  it.  And  the  board,  not  only  in  its  organization, 
but  in  its  conduct,  was  far  from  being  a  political  ma- 
chine, contrary  to  the  prophecies  of  some  of  the 
opponents  of  its  establishment. 

Charged  with  rather  numerous  duties,  prescribed 
in  general  terms,  and  endowed  with  very  limited 
powers,  the  Commission  had  to  determine  for  itself 
the  manner  in  which  the  objects  aimed  at  should  be 
attained.  The  theory  on  which  a  board  with  such 
limited  power  was  created  was,  that  it  should  be  the 
medium  of  concentrating  public  opinion  and  bring- 
ing it  to  bear  intelligently  and  persistently 
upon  abuses  it  was  desirable  to  reform,  with- 
out resorting  to  the  power  of  the  Legislature ; 
or,  as  Mr.  Adams  said  in  1874,  the  Commission 
was  "simply  a  medium,  a  species  of  lens  by 
means  of  which  the  otherwise  scattered  and 
powerless  rays  of  public  opinion  could  be  concen- 
trated to  a  focus,  and  brought  to  bear  upon  any 
corporation."  This  result  was  to  be  brought  about 
by  public  hearings  of  complaints  and  a  discussion  of 
the  principles  involved,  or  the  true  policy  to  be  pur- 
sued. But  at  first,  before  the  people  had  become  ac- 
customed to  the  Commission,  and  realized  its  possible 
usefulness,  complaints  were  few.  To  inspire  the  con- 
fidence of  the  public  in  it  as  a  tribunal  for  the  re- 
dress of  grievances  must  necessarily  be  the  work  of 
time.  Meanwhile  the  board  must  educate  public 
opinion,  and  make  itself  known  by  the  discussion  of 
various  railroad  questions  which  arose  out  of  the 
development  of  the  system  or  the  wants  of  the  com- 


12 

munity.  Its  first  efforts  in  this  line  were  directed  to 
the  study  of  the  railroad  problem  with  reference  to 
Massachusetts,  the  operation  of  the  roads,  and  the 
manner  in  which  they  met  the  wants  of  the  indus- 
tries and  commercial  interests  of  the  state. 

At  that  time  the  Cunard  steamships,  which  had 
plied  between  Liverpool  and  Boston  for  twenty-five 
years  or  more,  had  been  withdrawn,  and  the  foreign 
commerce  of  our  domestic  port  had  greatly  dimin- 
ished from  its  volume  before  the  civil  war.  An  at- 
tempt had  been  made,  by  means  of  a  rebate  on  the 
rates  for  internal  transportation  of  grain  intended 
for  export,  to  recover  the  lost  prestige  of  the  port, 
and  to  secure  a  regular  return  of  the  steamships, 
but  it  had  met  with  only  indifferent  success.  Under 
this  aspect  of  affairs  the  Commission  considered  what 
the  railroads  might  do  for  the  interests  of  the  state, 
and  in  its  first  annual  report  dwelt  at  some  length 
on  the  various  industries  of  Massachusetts,  by  which 
the  commerce  of  Boston  was  to  be  maintained,  and 
it  was  argued  that  the  real  interest  of  the  city,  as  the 
commercial  metropolis  of  New  England,was  not  in  be- 
coming simply  a  port  for  the  shipment  of  Western  pro- 
duce to  Europe,  so  much  as  in  being  the  distributing 
market  for  the  numerous  manufactures  of  the  state, 
and  of  raw  materials  for  those  manufactures  and 
food  for  the  operatives.  This  would  increase  the 
coastwise  commerce  with  other  domestic  ports,  with 
the  British  provinces  and  the  West  Indies,  and 
would  lead  to  a  substantial  and  permanent  revival 
of  more  general  foreign  commerce.  The  change  that 
had  been  going  on  in  Massachusetts  since  the  con- 
struction of  the  earlier  railroads,  from  a  commercial 
to  a  manufacturing  community,  and  the  policy  of 


/*y  ^N 

UHIVEBSITT 


adapting  the  railroad  system  to  this  chai 
tion,  were  discussed  in  this  first  report  with  an 
ability  which  at  once  won  for  the  Commission  the 
respect  of  the  corporations  and  the  confidence  of  the 
public.  Its  argument,  presented  in  various  aspects, 
was  that  the  true  policy  for  such  a  community  as 
that  of  Massachusetts  is  to. foster  its  manufacturing 
industries,  and  to  reduce  the  cost  of  produation  by 
all  legitimate  means,  and  thus  promote  its  commercial 
interests  also.  The  railroad  system  of  such  a  commu- 
nity should,  therefore,  contribute  to  such  a  result  by 
the  carriage  of  raw  materials,  coal  and  food,  at  the 
lowest  paying  rates,  and  find  its  compensation  in  the 
transportation  of  the  manufactures  at  rates  more  prof- 
itable from  the  nature  of  the  service,  but  not  excessive. 
Unquestionably  that  is  the  true  policy  for  a  man- 
ufacturing state  like  Massachusetts,  and  that  is  the 
true  province  of  its  railroad  system,  as  much  now 
as  in  1870.  But  of  late  years  the  competition  of  the 
chief  seaports  of  the  Union  to  secure  a  portion  of  the 
immense  exports  of  grain  and  provisions  to  Europe 
has  overshadowed  the  local  interests.  The  great  de- 
mand is  for  terminal  facilities  to  receive  and  ship  the 
products  of  the  West,  brought  by  the  railroads  often 
at  scarcely  paying  rates,  and  docks  for  the  accommo- 
dation of  foreign  steamers.  While  this  business  adds 
to  the  importance  of  the  port  and  increases  the 
amount  of  imports  for  distribution  through  the  coun- 
try, it  contributes  comparatively  little  in  proportion 
to  its  volume,  to  the  wealth  of  the  city  or  the  state. 
Meanwhile  the  rates  for  coal  and  raw  materials, 
though  reduced  since  1870,  are,  for  reasons  that  need 
not  be  here  mentioned,  much  higher  than  those  for 
grain  brought  for  shipment  to  Europe, 


14 

It  may  be  said,  however,  the  Commission  has  al- 
ways advocated  the  same  policy  of  fostering  local  in- 
terests, though  it  may  not  have  pressed  it  in  so  spe- 
cial a  manner  of  late  years  while  recognizing  the  de- 
mands of  that  general  expert  trade  which  has  con- 
tributed so  greatly  to  the  prosperity  of  the  whole 
country.  But  it  has  repeatedly,  in  decisions  concern- 
ing the  coal  rates  on  various  roads,  expressed  the 
same  views. 

In  later  reports  Mr.  Adams,  discussing  the  move- 
ment of  freights  East  and  West,  described  clearly  the 
wars  of  rates,  the  combinations  of  the  trunk  lines, 
and  the  competition  of  the  Atlantic  ports  with  their 
respective  lines  of  communication,  and  contributed 
largely  to  a  knowledge  of  the  facts  concerning  this 
immense  business  and  a  better  comprehension  of  the 
actions  and  motives  of  managers  of  the  rival  routes. 
These  discussions,  while  relating  to  a  subject  broader 
than  state  limits  and  addressed  to  a  larger  public, 
served  also  to  show  the  relations  of  the  railroad 
system  of  his  own  state  to  the  greater  system  which 
extends  through  many  states  into  distant  territories 
and  traverses  hundreds  of  miles  of  the  Dominion  of 
Canada. 

When  the  commission  was  created  there  was  a 
general  but  indefinite  demand  from  the  commercial 
and  manufacturing  interests,  and  from  a  portion  of 
the  traveling  public,  that  fares  and  rates  should  be 
reduced,  and  it  was  supposed  by  some  that  the  Board 
would  at  once  advocate  specific  reductions  by  legis- 
lation. Such  action,  however,  was  not  recommended, 
and  the  Legislature  then  instructed  the  commission 
to  examine  the  subject  and  report  "  by  bill  or  other- 


15 

cates  of  a  reduction  wherever  reasonable,  after  a 
thorough  examination  of  the  subject  they  wore 
satisfied  that  no  general  rule  for  rates  could  be 
adopted  without  doing  injustice  to  some  roads  and 
some  communities.  The  circumstances  and  con- 
ditions under  which  the  -various  roads  were  con- 
structed and  operated  were  so  different  that  what 
would  be  reasonable  for  one  might  be  ruinous  to 
another.  To  undertake  to  revise  the  tariff  of  each 
would  be  a  work  for  which  such  a  board  was  not 
competent,  and  could  only  be  properly  performed  by 
those  familiar  with  the  business  of  the  road  and  the 
wants  and  pursuits  of  the  communities  it  served. 
Moreover,  this  system  of  governmental  regulation 
of  such  matters  was  contrary  to  the  theory  on  which 
the  board  was  created,  and  the  policy  it  aimed  to 
carry  out.  The  report  of  the  Commission  on  these 
instructions  of  the  Legislature,  which  was  opposed  to 
the  policy  adopted  in  some  other  states  and  adverse 
to  the  popular  notions,  was  exhaustive  and  able,  and 
for  a  time  at  least  settled  the  policy  of  the  state  in 
its  supervision  of  railroads.  By  this  decision  the 
corporations  and  the  public  were  saved  from  con- 
troversies and  continued  hostility,  which  would 
have  been  prejudicial  to  the  interests  of  both. 

The  problem,  therefore,  to  the  solution  of  which 
the  Commission  addressed  its  consideration  was  how 
to  secure  a  reduction  of  rates  and  increased  facilities 
and  accommodations  for  the  public,  or,  in  other 
words,  how  the  roads  could  best  be  made  to  pro- 
mote the  interests  of  the  state.  An  earnest  recom- 
mendation to  the  managers  of  the  several  roads  to 
revise  and  reduce  their  tariff  rates  was  complied  with 
to  some  extent  by  a  few,  and  whenever  complaints 


16 

were  presented  the  board  made  specific  recommenda- 
tions which  were  seldom  disregarded.  But  some- 
thing more  cogent  and  more  general  seemed  to  be 
demanded,  and  the  Commission  sought  tentatively 
some  plan  which  might  have  something  of  the  force 
of  legislation  while  leaving  the  roads  to  consult  their 
own  interests  under  circumstances  which  would 
necessarily  lead  to  a  reduction  of  rates  and  a  better 
accommodation  of  the  public. 

The  first  measure  of  general  policy  directed  to 
this  end  was  the  suggestion  that  the  state  adopt  as 
an  experiment  the  system  of  government  ownership 
and  operation  of  a  part  of  the  railroad  system  as  a 
competitor  and  example  to  the  roads  owned  by  the 
corporations.  This  system  prevailed  in  Belgium, 
where  it  had  proved  a  success,  as  was  shown  in  a 
report  made  by  the  Assistant  Secretary  of  the 
English  Board  of  Trade  and  laid  before  a  Parlia- 
mentary committee.  To  carry  this  plan  into  effect 
the  Commission  proposed  that  the  state  should  take 
the  Fitch  burg  Railroad  under  its  reserved  rights  or 
by  purchase  and  operate  it  in  the  interests  of  the 
public,  who  should  have  the  benefit  of  reduced 
rates  to  the  extent  that  the  earnings  were  in  excess  of 
the  operating  expenses,  renewals  and  interest  on  the 
cost.  It  was  proposed  to  take  the  Fitchburg  road 
because  it  was  wholly  within  the  state  and  perhaps 
because  it  was  a  comparatively  moderate  experi- 
ment. But  unless  the  plan  was  extended  further  it 
is  not  easy  to  see  how  the  alleged  advantages  of 
partial  state  ownership  could  be  realized,  for 
the  road  was  then  as  little  of  a  competing  route 
as  any  in  the  state.  It  is  probable,  however,  that 
tbe  Commission  even  then  looked  to  an  extension  of 


the  system  such  as  it  subsequently  proposed.  The 
suggestion  was  first  made  in  1871  ;  its  adoption  was 
again  urged  in  the  next  annual  report,  and  in  1873 
the  board  proposed  that  the  state  should  acquire  not 
only  the  Fitchburg,  but  the  Vermont  &  Massachu- 
setts road,  and  thus,  with  the  Troy  &  Greenfield, 
which  it  already  owned,  should  have  a  line  through 
the  length  of  its  territory.  It  was  also  proposed  to 
acquire  the  Massachusetts  Central  road,  the  CDn- 
struction  of  which  was  scarcely  begun.  But  even 
with  this  line  of  road,  extending  through  the  length 
of  the  state,  the  system  would  scarcely  be  analogous 
to  the  Belgian  system,  where  the  state  roads  reach 
competitive  points  in  all  parts  of  the  kingdom,  and 
to  accomplish  anything  for  the  Massachusetts  rail- 
road system  it  would  be  necessary  that  the  state 
should  also  own  lateral  roads  or  branches  to  compete 
to  any  considerable  extent  with  the  corporations. 

Mr.  Adams  made  an  elaborate  and  able  argument 
in  support  of  this  proposition  before  the  legislative 
committee  on  railroads,  reviewing  the  various  at- 
tempts made  in  other  states  and  in  England  to  secure 
low  and  equal  rates,  and  maintaining  that  direct 
legislation  was  ineffectual  to  prevent  combination — 
the  certain  result  of  private  competition — but  that 
state  ownership  of  one  through  line  would  make 
combination  impossible,  and,  therefore,  competition 
certain.  Moreover,  the  state  road  by  reducing  rates 
on  its  whole  line  would  attract  thither  manufacturing 
interests,  and  similar  interests  on  other  lines  would 
raise  a  clamor  for  an  equal  reduction  that  could  not 
be  ignored. 

But  whatever  might  be  the  theoretical  advantages 
of  this  system  as  a  regulator  of  the  railroads  of  the 


18 

corporations,  and  whatever  its  success  in  Belgium,  it 
was  open  to  the  fundamental  objection  that  it  is  no 
part  of  the  functions  of  a  republican  form  of  gov- 
ernment to  engage  in  any  commercial  or  industrial 
enterprises,  and  that  under  such  a  form  of  govern- 
ment, liable  to  frequent  changes,  the  management  of 
a  state  road  would  be  neither  efficient  nor  econom- 
ical. While  the  plan  which  the  Commission  had  in 
view  would  have  in  a  measure  met  these  objections, 
and  divorced  the  management  of  the  road  as  much 
as  possible  from  politics,  the  proposition  did  not  meet 
with  favor  from  the  Legislature.  It  was  too  formid- 
able a  project,  too  large  and  costly  an  experiment. 
In  view  of  the  experience  of  the  state  with  the  Hoo- 
sac  Tunnel,  and  the  large  outlay  required  for  termi- 
nal facilities  for  the  through  business  of  this  line,  it 
is  certainly  no  matter  for  regret  that  the  proposition 
failed.  The  idea  was  abandoned  and  the  commis- 
sioners, never  unwilling  to  recede  from  an  untenable 
position,,  did  not  again  suggest  it,  even  if  they  did 
not  very  soon  entirely  change  their  views.*  The 
discussion,  however,  had  not  been  without  advantage 
to  the  public.  Discussion,  indeed,  in  this  case  as  in 
some  others,  was  the  object  of  the  Commission 
rather  than  to  force  the  adoption  of  the  policy 
advocated.  By  it  the  public  was  familiarized  with 
different  phases  of  the  railroad  problem,  and  its 
opinions  were  more  intelligently  formed. 

Meanwhile   the  Commission  continued  its  recom- 
mendations  to   the   railroads   to   reduce  their  rates, 

*  In  1874  Mr.  Adams,  in  one  of  a  course  of  lectures  at  the  Lowell 
Institute,  expressed  the  opinion  that  the  best  method  of  regulation 
under  our  American  form  of  government— and  for  the  present,  at 
least,  better  than  any  system  of  continental  Europe — is  through  the 
force  of  intelligent  public  opinion,  the  theory  on  which  the  Massa- 
chusetts Commission  was  created  aud  conducted. 


19 

and  supported  its  views  by  cogent  arguments, 
diffusing  a  better  knowledge  of  the  operation  of  rail- 
roads and  giving  direction  to  public  opinion  so  as  to 
produce  an  effect  upon  the  corporations.  The 
railroad  managers,  while  generally  receiving  the 
recommendations  with  respect,  and  in  some  in- 
stances making  concessions,  replied  that  a  re- 
duction such  as  was  suggested  would  be  in- 
jurious to  them,  alleging  that  with  existing  rates 
they  only  pay  operating  expenses  and  fair 
dividends.  In  their  investigations  of  this  matter  of 
operating  expenses,  the  commissioners,  at  the  out- 
set, found  that  it  was  impossible  to  obtain  from  the 
returns,  as  then  made,  any  satisfactory  results,  and 
that,  for  the  purposes  of  comparison,  the  returns  of 
the  various  roads  were  simply  absurd.  The  method 
of  keeping  accounts  differed  widely,  and  the  items  of 
operating  expenses  were  not  limited  by  any  common 
rule,  but  embraced  expenditures  for  permanent 
improvements  according  to  the  policy  of  each  man- 
agement. Moreover,  the  returns  were  often  made 
with  evident  want  of  care  and  thorough  book-keep- 
ing, the  return  of  a  road  for  one  year  upon  compar- 
ison with  that  of  the  preceding  year  sometimes 
showing  marked  discrepancies.  The  form  of  returns 
was  improved,  and  a  careful  and  laborious  analysis 
was  made  of  each  report  and  corrections  required. 
By  this  means  somewhat  more  satisfactory  returns 
were  obtained.  Still  they  were  not  what  was  de- 
sired for  the  purposes  of  comparison  by  students  of 
the  railroad  problem. 

The  board  then  recommended  that  a  uniform  sys- 
tem of  accounts  should  be  required  by  law.  Uni- 
formity and  publicity,  it  was  argued,  would  lead  1o 


20 

a  solution  of  the  cost  of  transportation  on  the  several 
roads,  and  the  average  cost  would  make  a  just  com- 
parison of  different  modes  of  operation  possible  and 
supervision  intelligent.  The  public  would  thus  be 
enabled  to  understand  better  the  financial  condition 
of  the  corporations  and  tl  e  reasonableness  of  rates 
and  fares,  and  the  railroad  managers  could  better  see 
in  what  direction  they  could  improve  their  methods. 

The  Legislature,  whose  authority  was  necessary  to 
enforce  such  a  measure,  adopted  this  recommenda- 
tion, and  a  law  was  passed  authorizing  the  board  to 
prescribe  a  system  of  accounts  which  every  corpora- 
tion operating  a  railroad  was  required  to  follow. 
Under  the  provisions  of  this  act  the  Commission 
appointed  an  experienced  railroad  accountant  as 
Supervisor  of  Railroad  Accounts  and  Returns,  and  by 
a  conference  with  the  auditors  of  the  principal  roads 
of  the  state  a  system  was  agreed  upon  to  which  all 
the  corporations  were  required  to  conform. 

To  secure  more  completely  the  advantage  of  such 
a  system  it  was  desirable  that  it  should  be  adopted 
in  the  neighboring  states  with  the  railroads  of  which 
those  of  Massachusetts  were  connected  and  were 
doing  a  joint  business.  Accordingly  the  Commis- 
sioners of  adjoining  states,  including  the  State 
Engineer  of  New  York,  were  invited  to  join  in 
recommending  the  adoption  of  such  a  uniform  sys- 
tem. The  Commission  had  repeatedly  dwelt  upon' 
the  subject  in  its  reports,  and  had  urged  it  with  so 
much  force,  as  the  first  requisite  and  basis  of  any 
intelligent  supervision  or  reform,  that  it  received 
attention  in  other  states,  and  at  a  convention  of  the 
commissioners  of  a  number  of  states,  east  and  west, 
a  committee  of  experts  prepared  a  general  system 


21 

of  railroad  book-keeping,  and  a  more  concise  return, 
which  was  substantially  adopted  in  most  of  the  states 
represented  in  the  convention.  This  system  left  the 
details  of  book-keeping  and  accounts  to  the  corpora- 
tions as  they  should  consider  best  adapted  to  their 
business  and  mode  of  operation,  and  required  only 
that  the  operating  expenses  and  expenditures  for  per- 
manent improvements  should  be  uniformly  carried 
to  certain  general  accounts. 

One  of  the  special  duties  of  the  board  was  to  in- 
vestigate railroad  accidents,  with  a  view  to  ascer- 
taining the  cause  of  and  responsibility  for  each,  in 
order  that,  by  legislation  or  otherwise,  similar  acci- 
dents might  be  prevented,  or  at  least  rendered  less 
frequent.  Early  in  the  history  of  the  Commission 
occurred  the  terrible  Revere  disaster  on  the  Eastern 
Railroad,  in  which  thirty-one  persons  were  killed 
and  sixty  or  more  were  injured.  At  that  time  many 
of  the  appliances  and  methods  of  operation  now  in 
general  use  had  been  adoptod  to  only  a  very  limited 
extent,  and  in  this  respect  the  railroads  of  Massa- 
chusetts, though  generally  operated  with  care,  were 
not  abreast  with  those  of  some  other  states.  The 
telegraph  was  scarcely  used  ;  the  block  system  was 
unknown  ;  train  brakes  had  not  been  tried  ;  the 
discipline  of  employes  was  lax  ;  loose  couplings  and 
weak  platforms  were  conducive  to  telescoping  in 
case  of  collision  or  derailment ;  crude  and  ineffect- 
ual signals  were  still  in  use.  The  accident  at  Re- 
vere awoke  the  managers  of  the  roads  of  large  traf- 
fic to  the  risk  they  incurred  not  only  of  sacrificing 
human  life  but  of  draining  their  treasuries  by  the 
payment  of  damages. 

The   commissioners,   having    thoroughly   investi- 


22 

gated  the  accident,  took  advantage  of  the  aroused 
sense  of  danger  and  responsibility  to  earnestly 
recommend  improvements  in  the  methods  of  opera- 
tion, the  use  of  new  appliances  and  a  revision  and 
a  thorough  enforcement  of  rules.  Not  only  was 
the  Revere  accident  investigated,  but  the  board 
inquired  into  the  causes  of  other  train  accidents, 
drawing  from  them  lessons  of  value  at  that  juncture. 
In  this  connection  it  did  a  good  work  in  refuting  the 
charge,  then  quite  common,  and  still  supposed  by 
some  to  be  well-founded,  that  such  an  accident  as 
that  at  Revere  could  not  occur  on  any  European 
road,  and  that  train  accidents  in  this  country  are 
both  much  more  frequent  and  more  fatal  than  in 
Europe.  By  official  reports  and  statistics  it  was 
shown  that  neither  of  these  assertions  was  true,  and, 
so  far  asthe  Massachusetts  roads  were  concerned,  that 
the  proportion  of  passengers  killed  and  injured  to 
the  whole  number  carried  during  a  period  of  ten 
years  was  smaller  than  in  Great  Britain,  and  about 
the  same  as  in  Belgium. 

With  the  co-operation  of  the  managers  of  some  of 
the  principal  roads,  a  new  and  more  efficient  cude  of 
rules  was  agreed  upon,  and  its  adoption  recom- 
mended to  all  the  roads  in  the  state — a  recommenda- 
tion that  was  complied  with  so  far  as  applicable  to 
their  traffic.  The  Commission  further  urged  upon 
the  managers  a  better  construction  of  passenger  cars, 
the  use  of  train  brakes  operated  from  the  locomotive, 
a  more  general  use  of  the  telegraph,  the  adoption  of 
the  block  system,  and  other  improvements  which 
had  been  tested  elsewhere.  These  recommendations 
were  received  at  first  with  more  or  less  doubt  of 
their  feasibility  or  wisdom  by  the  managers,  but 


23 

gradually  many  of  them  were  introduced,  and  proba- 
bly at  a  much  earlier  date  than  they  would  have  been 
had  not  the  Commission  exerted  a  constant  influence 
in  that  direction. 

To  the  Eastern  Railroad  the  result  of  the  accident 
and  the  investigation  was  a  change  of  management 
and  a  more  progressive  policy.  The  new  manage- 
ment adopted  all  the  improvements  recommended  by 
the  Commission — better  car  construction,  Miller  plat- 
form and  couplers,  train  brakes,  an  electric  block  sys- 
tem and  more  perfect  discipline  of  employes.  With- 
out doubt,  the  Revere  disaster  was  the  primary 
cause  of  the  financial  difficulties  in  which  the  com- 
pany afterward  became  involved  ;  but  it  could  have 
safely  borne  the  heavy  damages  and  the  large  ex- 
pense of  its  extensive  improvements,  had  not  the 
ambitious  enterprise  of  the  management  led  it  into 
schemes  of  extension  and  connections  which  proved 
disastrous.  The  traveling  public,  however,  derived 
no  small  advantage  from  the  liberal  action  of  the 
Eastern  Railroad,  for  in  its  improvements  it  was  an 
example  which  public  opinion  demanded  should  be 
followed  by  other  roads. 

One  of  the  functions  of  the  Commission  was  to 
give  its  aid  and  advice  in  matters  of  legislation 
besides  those  initiated  by  itself.  On  all  general 
propositions  concerning  railroads  coming  before  the 
Legislature  by  petition  or  order  of  inquiry,  the  com- 
mittees having  those  subjects  in  charge  consulted 
the  board,  and  many  matters  were  specially  referred 
to  it  for  report  as  to  the  expediency  of  legislation 
and  the  framing  of  bills  In  this  province,  which 
might  perhaps  be  considered  its  most  important  one, 
the  Commission  has  rendered  great  service,  both  to 


24 

the  public  and  the  corporations,  by  preventing  crude 
and  unwise  legislation,  and  advocating  with  cogent 
reasons  such  laws  as  in  their  judgment  would  pro- 
mote the  interests  of  the  people  and  the  railroads. 
By  its  efforts  a  general  law  for  the  incorporation  of 
railroad  companies  was  passed,  and  the  legislative 
committees  were  relieved  of  much  labor  and  saved 
from  a  waste  of  time  in  considering  the  projects  of 
parties  who  desired  to  obtain  "  strategic  charters  " 
and  competitive  routes  on  paper,  as  well  as  bona 
fide  and  legitimate  enterprises.  It  also  secured  gen- 
eral provisions  of  law  for  the  settlement  of  many 
other  questions  which  else  would  have  required  spec- 
ial legislation  in  numerous  cases. 

One  result  of  the  conferences  and  discussions  with 
the  legislative  committees  was  to  convince  legisla- 
tors that  such  a  Commission  was  a  better  tribunal 
for  hearing  and  determining  many  questions  relating 
to  railroads  than  the  General  Court  could  possibly 
be.  Hence,  while  the  board  never  sought  to  extend 
its  jurisdiction,  its  powers  and  duties  were  from 
time  to  time  enlarged  till  they  are  so  interwoven 
with  the  railroad  system  of  the  state  that  if  the 
Commission  were  abolished  a  complete  revision  of 
the  general  railroad  law  would  be  required. 

While  aiming  by  general  recommendations  to  se- 
cure improvement  in  the  management  of  railroads, 
and  to  promote  the  common  interests  of  the  public 
by  increased  facilities,  lower  rates  and  safer  trans- 
portation, the  Commission  was  designed  especially 
to  be  a  tribunal  for  redressing  grievances,  and 
parties  who  had  such  grievances  were  invited  to  pre- 
sent complaints  or  petitions  for  a  hearing.  At  first 
such  complaints  were  comparatively  few,  but  as  the 


25 

board  became  better  known  as  an  impartial  tribunal 
which  recognized  the  obligations  as  well  as  the 
rights  of  the  corporations,  the  applications  for  re- 
dress became  more  frequent.  Parties  who  had  just 
cause  of  complaint  were  satisfied,  for  although  the 
Commission  had  power  only  to  "  recommend,"  the 
grounds  of  its  recommendations  were  stated  so  for- 
cibly that  with  the  weight  of  public  opinion  in  their 
favor  there  was  hardly  one  but  was  promptly  com- 
plied with  by  the  railroad  managers  in  terms  or  by 
some  arrangement  equally  satisfactory  to  the  peti- 
tioners. On  the  other  hand,  the  corporations  found 
that  unjust  complaints  and  unreasonable  petitions 
were  dismissed  with  no  less  cogent  arguments,  and 
that  the  Commission  was  in  effect  a  buffer  to  moder- 
ate the  shock  of  collision  between  them  and  an  ex- 
acting or  indignant  public.  Being  neither  politic- 
ians, nor  partisans,  nor  representatives  of  any 
"  league  "  or  special  interest,  the  commissioners  thor- 
oughly examined  all  questions  submitted  to  them, 
and  the  conclusions  at  which  they  arrived  by  their 
impartiality  won  the  respect  if  not  always  the  entire 
acquiescence  of  all  parties.  Moreover  they  were 
men  whom  no  one  dared  to  approach  with  a  corrupt 
purpose. 

The  reports  of  the  hearings  and  decisions  printed 
with  the  annual  report  of  the  board  comprise  but  a 
small  part  of  the  cases  actually  presented  and 
settled.  Many  complaints  made  verbally  or  by 
letter  were  adjusted  by  an  informal  interview  or 
correspondence  with  railroad  officials,  and  occasion- 
ally petitioners  were  forced  to  admit  that  what  they 
asked  was  unreasonable.  Moreover,  railroad  man- 
agers not  infrequently  applied  to  the  Commission 


26 

for  advice  in  matters  affecting  their  rights  and  obli- 
gations, and  this  was  given  in  a  like  informal  manner 
and  with  good  results. 

To  keep  themselves  informed  of  the  condition  of 
the  railroads,  the  commissioners  made  annual,  and 
when  necessary  more  frequent,  examinations  of 
every  road  in  the  state.  When  the  board  was  first 
established  it  was  supposed  by  railroad  managers 
and  the  public  that  these  examinations  would  be 
mere  junketing  excursions,  comprising  a  good  deal 
of  pleasure  with  very  little  work  ;  but  the  commis- 
sioners soon  corrected  this  impression,  so  far  at  least 
as  railroad  officials  were  concerned,  and  the  examina- 
tions became  laborious  and  thorough.  Track  and  road 
bed,  every  bridge  and  station,  shops  and  terminals 
were  inspected  in  company  with  the  experts  of  the 
road,  and  criticism  and  commendation  were  im- 
partially expressed,  and  advice  and  suggestions  were 
offered  and  in  most  cases  were  promptly  followed. 
Sometimes  experts  were  employed,  and  in  special  cases 
sharp  reports  were  made,  demanding  immediate  im- 
provements to  secure  the  safety  of  travelers. 

After  a  service  of  ten  years  Mr.  Adams  retired 
from  the  board.  The  experience  of  those  ten  years 
tested  the  value  of  a  railroad  commission  established 
on  a  basis  which  he  had  advocated,  and  whose  policy 
and  proceedings  he  had  in  the  main  directed.  It  is 
not  to  be  inferred,  however,  that  the  other  members 
of  the  Commission  were  mere  ciphers  in  determining 
its  action.  Those  who  served  the  greater  part  of 
that  period  heartily  co-operated  with  him  ;  all  im- 
portant matters  were  freely  discussed,  and  after  an 
interchange  of  views  the  Commission  almost  inva- 
riably acted  as  a  unit. 


27 

And  what  had  the  Commission  accomplished? 
In  general,  it  had  by  its  reports  and  decisions  con- 
tributed largely  to  a  better  knowledge  of  the  various 
railroad  questions  that  arose,  and  had  given  direction 
to  public  opinion  so  as  to  exert  a  constant  influence 
upon  railroad  managers,  and  make  it  a  force  in  se- 
curing reforms,  while  at  the  same  time  it  had  brought 
about  a  better  understanding  of  the  mutual  relations 
of  the  corporations  and  the  public.  It  had,  more- 
over, established  itself  in  the  confidence  of  the  people 
as  a  tribunal  for  the  redress  of  grievances  and  the 
correction  of  abuses. 

Specifically,  it  had  held  the  railroad  companies  to 
obedience  to  the  laws  ;it  had  procured  the  passage 
of  a  general  law  for  the  charter  of  railroad  compa- 
nies, to  the  great  relief  of  the  Legislature,  and  it  had 
successfully  advocated  the  passage  of  other  laws  for 
the  benefit  alike  of  the  public  and  the  corporations, 
while  it  had  also  with  equal  success  opposed  unwise 
and  ill-considered  legislation.  Without  authority  to 
regulate  rates  or  prevent  discrimination,  its  recom- 
mendation had  been  followed  in  many  instances  by 
a  voluntary  reduction  by  the  companies,  and  equal 
terms  to  all  parties  for  like  service.  It  had  exposed 
fraud  and  mismanagement  in  several  schemes  for 
the  construction  of  new  roads,  and  had  secured  a 
uniformity  of  accounts  and  returns  which  made  its 
statistics  of  value  to  interested  parties,  and  rendered 
the  detection  of  fraudulent  or  unwise  management 
more  easy.  It  had  investigated  accidents  and  fixed 
the  responsibility  therefor,  whether  on  the  corpora- 
tions or  their  agents,  and  it  had  hastened  the  intro- 
duction of-  a  better  equipment  and  the  adoption  of 
appliances  for  the  safety  of  travelers.  It  had  secur- 


28 

ed  better  accommodations  and  facilities  for  many 
places,  and  had  redressed  many  grievances  of  indi- 
viduals and  communities.  And  it  had  accomplished 
its  work  without  creating  or  encouraging  any  vio- 
lent antagonism  between  the  people  and  the  corpora- 
tions, but,  on  the  contrary,  had  rendered  their  rela- 
tions more  harmonious  and  satisfactory.  Certain 
rules  of  action  were  early  laid  down  by  the 
Commission  and  were  consistently  followed,  and 
sound  principles  applied  to  successive  decisions 
came  to  be  well  established  in  its  administration, 
and  those  decisions  were  in  most  cases  accepted  as 
final. 

With  such  results  it  may  safely  be  asserted  that 
the  Massachusetts  Commission  has  been  a  success 
and  a  benefit  alike  to  the  railroad  corporations  and 
the  people,  and  the  state  has  wisely  continued  it, 
gradually  enlarging  its  powers  and  adding  to  its 
duties.  And  not  till  its  character  is  essentially 
changed  will  there  be  any  general  desire  to 
resort  to  a  different  method  of  supervision  and 
control. 

Out  of  the  complex  system  of  railroads  extending 
through  the  states  of  the  Union  broader  questions 
arise  which  are  beyond  the  jurisdiction  of  a  sta<  e 
Commission.  Whether  those  questions  can  be  satis- 
factorily settled  through  intelligent  supervision  and 
the  application  of  sound  principles  by  a  tribunal  of 
like  character  to  that  we  have  described,  but  with  a 
wider  jurisdiction,  is  a  problem  that  need  not  be 
here  discussed.  But  within  state  lines  there  would 
seem  to  be  no  reason  why  tribunals  like  the  Massa- 
chusetts Railroad  Commission  may  not  redress  many 
grievances,  secure  increased  facilities  and  accommo- 


29 

dations,  and  bring  about  more    harmonious  relations 
between  the  railroads  and  the  people. 

NOTE.— The  foregoing  paper  was  intended  to  cover  only  the  first  ten 
years  of  the  Massachusetts  Railroad  Commission.  During  that  period 
its  character,  purpose  and  policy  were  established,  and  it  entered  upon 
its  second  decade  a  tribunal  having  the  respect  and  confidence  of  the 
public  and  the  railroad  interests,  and  capable  of  dealing  intelligently 
with  any  question  coming  within  its  jurisdiction.  During  the  present 
year  there  have  been  changes  in  the  composition  of  the  board,  and  the 
original  and  well  considered  theory  of  selection  has  been  disregarded 
by  the  present  executive.  What  will  be  the  result  of  this  experiment 
with  the  Commission  remains  to  be  seen. 


STATE    RAILROAD    COMMISSIONS. 


[From  the  Railroad  Gazette  of  Aug.  24, 1883.] 

There  have  been  " railroad  commissions"  in  some 
of  the  states  from  a  very  early  date.  In  1855  there 
was  one  in  New  York  which  issued  a  report  in  two 
large  volumes,  one  giving  the  profiles  and  align- 
ments of  all  the  railroads  in  the  state — valuable  in- 
formation which  is  not  now  obtainable  in  any  other 
publication.  But  for  the  most  part  until  after  the 
war  there  was  no  railroad  commission  which  was 
much  felt  or  widely  known  in  the  community.  But 
within  the  last  15  years  not  only  have  commissions 
been  established  in  many  states,  but  they  have  at- 
tracted much  attention,  investigated  many  questions 
that  arise  in  the  relations  of  the  railroads  to  the 
public,  published  voluminous  reports,  some  of  which 
contain  carefully  compiled  and  valuable  statistics, 
and  in  a  few  states  exercised  a  very  considerable  in- 
fluence on  the  conduct  of  railroad  business.  At 
this  time  there  is  a  railroad  commission  in  every 
Northern  state  west  of  Colorado  except  New  Jersey, 
Pennsylvania,  Indiana  and  Nebraska;  and  in  the 
South,  where  the  institution  is  but  a  few  years  old, 
Virginia;  South  Carolina,  Georgia,  Alabama,  Tennes- 
see and  Kentucky  have  commissions.  The  public  has 
come  to  look  upon  them  as  a  means  by  which  it  can  in 
some  degree  regulate  and  restrain  corporate  manage- 
ment and  prevent  abuses  from  which  it  might  suffer 
This  view  evidently  gains  ground,  for  while  in  1870 
there  were  but  two  states.  Ohio  and  Massachusetts, 
which  had  railroad  commissions  which  attracted  any 


32 

public  attention,  since  that  time  they  have  been  estab- 
lished in  nearly  every  Northern  state,  and  nearly 
every  year  a  new  one  is  established — one  in  Kansas 
and  one  in  Tennessee  this  year,  one  in  New  York 
last  year,  one  in  Alabama  in  1881,  etc.  Moreover, 
in  many  of  the  states  which  have  no  commission 
there  is  a  nearly  successful  attempt  to  establish  one 
at  every  session  of  the  legislature,  as  in  Nebraska, 
Colorado,  Texas  and  Indiana  very  recently. 

What  is  the  nature  and  the  operation  of  this  com- 
paratively new  but  widely  prevailing  and  growing 
institution  ?  The  workings  of  one  of  the  oldest  and 
by  far  the  most  influential  of  them,  the  Massachu- 
setts Commission,  was  recently  told  in  these  columns 
by  Mr.  Wm.  A.  Crafts.  This  sets  forth  the  author- 
ity, working,  and  the  achievements  of  one  type  of 
railroad  commissions,  and  the  one  which  has  been 
most  regarded  in  the  legislation  for  the  commis- 
sions established  since  1870.  It  is  the  best  single 
answer  to  the  question  :  What  is  a  railroad  com- 
mission ? 

Our  state  railroad  commissions,  however,  are  not 
all  alike,  by  any  means.  The  summary  of  the  rail- 
road commission  laws  of  the  several  states,  which 
follows,  shows  marked  differences  in  their  powers 
and  functions.* 

The  first  of  the  state  railroad  commissions  now 
existing  which  made  any  noise  in  the  world  is  the 
Ohio  Commission,  whose  first  report  was  for  the 
year  1867.  Gen.  George  B.  Wright,  afterwards 
President  of  the  Atlantic  &  Great  Western,  and, 
later,  Receiver  of  the  Indiana,  Bloomington  & 

*" Ten  Years  of  a  Railroad  Commission."     The  Railroad    Gazette 
p.  367,  June  8 ,  and  p.  388,  June  15,  1883. 


33 

Western,  was  the  first  Commissioner  there,  held  the 
office  for  several  years,  and  made  some  investigations 
of  and  reports  upon  matters  of  practical  importance 
and  public  interest  which  received  some  attention  at 
the  time. 

The  prototype  of  the  modern  railroad  commission, 
however,  is  undoubtedly  the  Massachusetts  Commis- 
sion, whose  doings  Mr.  Crafts  has  so  well  sketched. 
It  was  fortunate  in  having  on  it  a  publicist  of  great 
independence  and  force  of  character  as  well  as  intel- 
ligence, who  made  a  serious  study  of  the  relations  of 
the  railroads  to  the  public — a  question  which  scarcely 
any  one  in  this  country  had  studied  profoundly — and 
who,  moreover,  was  gifted  with  a  clear  and  forcible 
style,  which  made  his  reports  readable.  Mr.  Adams' 
essays  on  "The  Railroad  Problem,"  given  yearly  in 
the  Massachusetts  reports,  came  at  a  time,  too,  when 
there  was  a  great  outcry  in  the  Northwest  against 
the  railroads,  and  this  was  another  reason  why  they 
were  generally  read. 

Considering  what  the  early  Northwestern  com- 
missions were,  it  might  be  said  that  Mr.  Adams' 
essays  had  very  little  immediate  effect,  except  to 
cause  the  legislatures  to  call  "railroad commissions" 
the  tribunals  which  they  set  up  to  regulate  or 
restrain  the  railroads  in  their  relations  to  the  public. 
But,  in  fact,  these  bodies  usually  had  substantially 
all  the  powers  of  the  Massachusetts  Railroad  Com- 
mission, and  differed  from  it  chiefly  in  having  a  great 
deal  more  besides.  There  has  been  and  still  is  a 
very  general  misapprehension  as  to  the  work  of  the 
best  known  railroad  commissions,  and  to-day  the 
prevailing  belief  doubtless  is  that  the  Massachusetts, 
Michigan,  Wisconsin, Minnesotaand  Iowa  commissions 


34 

have  power  to  say  what  the  railroads  may  charge  for 
their  services.  This  misapprehension  extends  to  the 
British  Railway  Commission,  which  is  of  more  recent 
creation  than  many  of  our  state  commissions*  and  has 
very  little  in  common  with  them  except  its  name. 
Yet  the  leading  New  York  newspapers  when  it  was 
proposed  to  establish  a  railroad  commission  of  the 
Massachusetts  type  in  New  York  argued  in  favor  of 
the  proposition  that  the  "  Railway  Commission"  had 
worked  well  in  England,  which  is  about  as  apropos  as 
to  cite  the  usefulness  of  the  Court  of  Arbitration  in 
New  York,  or  the  distinguished  services  of  Mr. 
Albert  Fink  as  a  "  Commissiorier,"  as  evidence  in 
favor  of  a  Railroad  Commission. 

Without  going  into  the  history  of  the  railroad 
commissions  of  this  country,  but  considering  only 
their  present  development,  we  may  distinguish  three 
different  kinds.  The  oldest  of  these,  but  the  least 
known,  because  it  has  had  little  to  do  or  has  done 
little,  is  a  body  appointed  to  do  some  special  or 
formal  work,  or  intrusted  with  powers  of  inspection 
or  the  like,  which  it  exercises  at  its  own  discretion, 
but  actually  scarcely  exercises  at  all,  or  so  little  that 
its  existence  is  hardly  felt.  For  instance,  there  was 
a  so-called  "  railroad  commission  "  in  Tennessee  in 
18YO  with  power  to  sell  or  lease  railroads  which  were 
in  default  to  the  state  for  loans  made  them  before 
the  war — a  temporary  purpose.  In  Arkansas  not 
long  after  the  war,  when  the  state  was  loaning  its 
bonds  to  new  railroads,  three  state  officers  were  made 
a  "  railroad  commission  "  to  hear  and  decide  upon 
applications  for  state  aid.  In  New  Jersey  the  Comp- 
troller, Treasurer  and  Commissioner  of  Railvoa<i 
*  The  act  establishing  it  was  passed  in  July,  1873. 


^IFOM; 

Taxation  form  a  "  railroad  commission"  to  appraise 
the  property  of  railroad  companies  which  do  not 
make  returns  of  such  property.  None  of  these  have 
any  of  the  regulating  or  inspecting  powers  which  are 
generally  characteristic  of  state  railroad  commission- 
ers. 

The  older  commissions  which  are  least  known  and 
have  usually  been  least  active  seem  to  have  been 
originally  almost  solely  inspectors,  who  exercised 
their  functions  and  made  their  reports  at  their  dis- 
cretion, and  usually  did  very  little  in  either  direc- 
tion. Several  of  these  have  made  much  fuller  re- 
ports since  the  Massachusetts  Commission  became  so 
widely  known  and  influential,  and  have  had  their 
powers  and  duties  increased.  All  the  New  England 
commissions  (and  there  is  one  in  each  state)  were 
of  this  character  originally,  we  believe,  including 
the  Massachusetts  Commission,  or  a  Massachusetts 
Commission.  In  Maine  the  commissioners  actually 
executed  inspecting  functions  to  the  point  that  many 
years  ago  they  ordered  train  service  suspended  on  a 
line  until  certain  repairs  should  be  made,  resulting 
in  the  abandonment  of  the  road,  we  believe. 
In  New  Hampshire  the  duties  imposed  on  the 
commissioners  by  law  could  only  be  properly  per- 
formed by  a  corps  of  experts,  the  result  of  which 
has  been,  of  course,  that  their  reports  have  been 
chiefly  formal  and  apparently  have  had  very  little 
effect.  The  Vermont  Commission  is  less  heard  of 
than  any  other,  and  its  reports,  if  it  makes  any,  ap- 
parently do  not  usually  come  to  light.  The  Con- 
necticut Commission  of  late  years  has  been  an  active 
body  and  issued  a  voluminous  report.  But  the  New 
England  states  are  too  small  for  any  one  of  them  to 


36 

contain  the  whole  of  an  important  railroad  system  ; 
only  Massachusetts  has  an  important  railroad  t^r- 
minus  ;  and  to  this  day  New  England  railroads  are 
mostly  small,  and  its  traffic  different  in  character 
from  that  of  most  other  parts  of  the  country.  Mas- 
sachusetts, having  the  terminus  of  a  true  trunk  line, 
has  been  the  only  fair  field  for  the  exhibition  of 
what  we  may  call  national  railroad  phenomena. 

The  Ohio  Commission,  the  oldest  of  the  Western 
railroad  commissions,  was  probably  based  on  the 
earlier  New  England  commissions.  It  was,  and  in- 
deed still  remains,  primarily  an  inspecting  authority, 
designed  to  secure  the  safety  of  the  railroads — to 
reduce  liability  to  accident.  But  it  was,  with  General 
Wright  as  the  first  Commissioner,  active  in  its  first 
years,  and  made  reports  which  attracted  some  atten- 
tion before  the  Massachusetts  Commission  was  well 
known.  At  present  its  powers  apparently  do  not 
differ  greatly  from  those  of  the  Massachusetts  Com- 
mission, but  its  reports  have  had  little  discussion  of 
value  on  the  relations  of  the  railroads  to  the  public. 

The  distinguishing  feature  of  the  Massachusetts 
type  of  commission  is  not  its  authority,  but  its  want 
of  authority.  Its  duties  are  chiefly  to  investigate 
complaints,  to  report  on  these  and  on  all  other  rail- 
road affairs  which  affect  the  community  and  to  make 
recommendations  to  the  Legislature.  How  great  an 
influence  has  been  exerted  in  this  way  with  regard 
to  rates  and  accommodations  by  a  body  which  has 
no  authority  to  dictate  rates  or  accommodations  is 
well  shown  in  Mr.  Crafts'  paper  and  has  been  in- 
sisted upon  with  great  force  by  Mr.  Adams  in  the 
Massachusetts  reports  and  before  committees  of  Con- 
gress and  elsewhere.  Of  the  way  in  which  this  in- 


37 

fluence  is  exerted  we  will  have   more  to  say  here- 
after. 

The  third  variety  of  American  railroad  commis- 
sion was  born  in  the  Northwest  of  the  "  Granger  " 
agitation  about  1870,  and  is  purely  an  American 
product;  but  its  home  is  now  chiefly  in  the  South 
and  not  in  the  Northwest,  where  some  of  the 
original  commissions  have  been  greatly  modified. 
This  is  the  commission  with  authority  to  dictate 
rates,  or  in  charge  of  the  execution  of  laws  which 
limit  rates  closely.  The  first  were  in  Illinois  and 
Wisconsin,  and  the  constitutionality  of  the  laws  giv- 
ing such  power  over  rates  was  contested  to  the  last, 
with  the  result  that  it  was  affirmed.  Afterward  the 
California  Commission  was  established,  with  almost 
unlimited  powers  in  this  direction.  Iowa  osce  had 
such  a  commission,  but  like  Wisconsin  has 
changed  it  for  one  of  the  Massachusetts 
type  ;  but  the  Illinois  Commission  still  has 
authority  to  dictate  rates,  and  so  has  the  more 
recent  Missouri  Commission,  and  the  Kansas  Com- 
mission has  authority  which  gives  it  power  to  de- 
clare, after  investigation  of  a  complaint  that  rates 
are  excessive  or  unjust,  what  are  reasonable  rates  in 
that  case,  which  will  be  prima  facie  evidence  in  the 
courts  of  what  is  a  reasonable  charge — a  greatly 
modified  authority  over  rates.  In  the  South,  the 
Georgia  Commission  has  almost  absolute  authority 
over  rates.  The  South  Carolina  Commission,  which 
until  this  year  was  of  the  Massachusetts  type,  has 
been  given  power  over  rates  similar  to  that  of  the 
Georgia  Commission.  The  Alabama  Commission,  not 
yet  three  years  oid,  has  power  something  like  the 
power  of  "  homologation"  of  the  French  Minister  of 


38 

Public  Works  ;  all  tariffs  of  rates  must  be  submitted 
to  it,  and  are  legal  only  if  it  approves. 

We  have  said  that  the  commission  with  authority 
to  dictate  rates  is  a  purely  American  product.  Not 
but  that  great  powers  over  rates  are  exercised  by 
governments  elsewhere,  and  indeed  in  almost  all 
European  states  except  England.  But  such  arbi- , 
trary  power  is  exercised  nowhere  out  of  the  United 
States.  In  France,  the  authorities  can  refuse  to  per- 
mit new  schedules  of  rates,  and  limits  of  charges  are 
fixed  by  law  ;  but  the  government  cannot  make  a 
schedule  of  rates  and  impose  it  upon  the  railroads, 
and,  in  fact,  nothing  is  done  without  consultations 
and  negotiations  between  the  companies  and  the  au- 
thorities. In  France,  too,  the  government  is  repre- 
sented, not  by  citizens  without  any  special  knowl- 
edge of  railroad  business,  but  by  a  large  and  highly- 
trained  corps  of  experts,  from  which  the  railroads 
themselves  obtain  their  chief  officers.  In  Germany  ? 
changes  in  rates  by  the  authorities,  in  the  days  when 
the  corporation  railroad  system  was  still  so  exten- 
sive that  the  state  railroads  could  not  dictate 
rates  nearly  everywhere,  as  they  can  now,  were 
made  only  after  investigations  lasting  for 
many  months,  during  which  there  were  scores  of 
conferences  with  the  railroad  officers,  state  and 
company,  with  commercial  bodies,  associations  of 
railroads,  etc.,  reports  of  committees  and  experts 
covering  all  points  and  interests,  and  the  utmost 
pains  to  avoid  injury  to  the  interests  of  the  rail- 
roads, or  any  special  industry,  as  well  as  the  com- 
munity at  large.  We  have  before  us  as  we  write  a 
report  of  the  proceedings  and  resolutions  of  •"'  the 
Standing  Committee  on  Rates  of  the  German  Rail- 


39 

roads,  and  the  Representatives  of  Freight  Shippers" 
on  modifications  of  the  general  basis  of  the  German 
freight  taiiff — a  volume  of  240  pages,  giving  reports 
of  meetings,  held  from  Nov.  13,  1878,  to  Feb.  13 
1880,  in  which  modifications  of  classification  alone 
were  chiefly  considered  ;  and  all  changes  made  there 
have  been  trifling  compared  with  the  sweeping  ones 
introduced  by  some  of  our  state  commissions  with 
but  the  slightest  consultation  with  those  who  perform 
the  service  for  which  the  commissions  fix  the  price. 
Further,  the  authority,  whatever  it  may  be,  which 
European  states  exercise  over  railroads  was  one  of 
the  conditions  of  their  establishment,  and  was  so 
understood.  Again,  as  against  the  control  (more 
apparent  in  matters  affecting  construction,  equip- 
ment and  operation  than  in  rates)  which  the 
European  states  exercise  over  railroads  must  be  set 
the  protection  which  they  afford.  An  American 
company  may  construct  a  railroad  through  a  terri- 
tory which  it  is  abundantly  able  to  serve  alone, 
receive  little  or  no  interest  on  its  capital  for  years, 
while  the  country  is  growing  and  its  traffic  develop- 
ing, and  when  the  business  has  become  large  enough 
to  give  it  ample  support  and  begins  to  pay  interest 
for  the  previous  years,  new  lines  may  be  built  on 
either  side  which  will  indefinitely  postpone  the  day 
when  the  investors  will  receive  their  reward.  On 
the  continent  of  Europe  this  is  not  permitted.  The 
railroad  is  required  to  afford  adequate  service,  and 
its  charges  are  limited  (though  not  so  much  so  but 
that  dividends  of  12  and  14  per  cent,  are  often 
made),  but  it  is  protected  in  its  territory.  But  our 
commissions  with  authority  to  prescribe  rates  have 
no  authority  to  prevent  the  construction  of  parallel 


40 

railroads,  and  the  community  in  states  where  such 
commissions  exist  are  most  eager  to  have  such  com- 
peting lines  established.  The  rates,  in  fact,  are  there 
established  by  one  party  only — the  buyer.  The 
Commission  represents  him  and  him  only.  The 
seller  is  left  without  any  voice  in  fixing  the  wages 
for  which  he  must  work. 

Where  commissions  with  power  to  dictate  have 
been  preferred  to  commissions  of  the  Massachu- 
setts type  with  power  only  to  investigate,  report  and 
recommend,  the  reason  given  for  the  preference 
usually  is  that  corporations  have  no  regard  to  recom- 
mendations, and  that  nothing  short  of  an  order 
which  the  sheriff  can  enforce  will  avail  to  restrain 
railroad  abuses.  Mr.  Adams  and  Mr.  Crafts  have 
shown  very  clearly  that  the  power  to  investigate 
and  report  and  recommend  has  in  fact  been  effective 
in  Massachusetts.  But  less  credit  than  it  deserves 
has  been  given  to  the  effectiveness  of  this  type  of 
commission,  because  the  public  has  not  clearly  seen 
why  it  is  effective.  It  is  not  by  any  means  because 
corporations  have  feelings  which  are  peculiarly  sen- 
sitive to  public  opinion,  but  because  they  know  that 
behind  public  opinion,  when  formulated  after 
thorough  investigation  by  a  capable  and  independent 
tribunal,  there  lies  a  power  which  it  is  impossible  to  re- 
sist; and  that  if  they  take  no  heed  to  recommendations 
made  by  such  a  body  with  a  full  statement  of  the  rea- 
sons for  them,  they  are  likely  to  be  compelled  by  law 
to  do  what  is  recommended,  and  suffer  from  other  legal 
restrictions.  Thus  they  do  what  they  do  not  wish  to 
do  to  save  themselves  from  a  worse  evil,  and  not  at  all 
because  stockholders,  directors  or  officers  suffer  par- 
ticularly because  public,  opinion  is  against  them. 


41 

Railroad  managers  have  seen  the  establishment  of 
railroad  commissions  with  much  apprehension,  which 
in  several  cases  has  been  justified.  Now,  however, 
many  of  them  feel  that  there  is  advantage  in  a 
commission  of  the  Massachusetts  type.  They 
would  prefer,  perhaps,  that  there  should  be  no  such 
public  supervision,  but  they  have  become  convinced 
that  the  public  will  in  some  way  hold  them  under 
restraint,  and  they  know  that  many  acts  indispensa- 
ble to  the  economical  conduct  of  railroad  trans- 
portation are  likely  to  be  condemned  by  the  public 
and  to  lead  to  legislation  from  which  the  railroads 
would  suffer  greatly,  unless  the  public  can  be  satis- 
fied that  such  acts  are  just  and  necessary,  as  it  may 
be  by  an  intelligent  tribunal  which  investigates  the 
facts. 

Any  one  who  has  studied  the  course  of  railroad 
legislation  in  European  countries  must,  we  think, 
come  to  the  conclusion  that  here  as  elsewhere  the 
railroads  will  eventually  have  to  submit  to  some  kind 
of  state  supervision.  It  is  idle  to  argue  the  question 
of  the  advantages  or  disadvantages  of  such  super- 
vision. It  is  inevitable,  and  must  be  put  up  with. 
It  therefore  becomes  of  the  utmost  importance  to 
oar  railroads  that  the  tribunals  which  the  state  or 
the  nation  sets  up  should  not  possess  unreasonable 
powers,  and  should  be  composed  of  men  of  character, 
capable  of  understanding  the  questions  which  they 
investigate  and  report  upon.  No  despot  in  modern 
times  exercises  the  arbitrary  and  absolute  powers 
over  property  rights  which  have  been  given  to  some 
of  our  state  railroad  commissions.  But  these  should 
not  be  confounded  with  those  whose  power  consists 
chiefly  in  keeping  the  public  and  the  legislatures  in- 


42 

formed  of  what  is  good  and  bad  in  the  management 
of  the  railroads. 


LAWS  OF  THE    VARIOUS    STATES  ESTABLISHING 
RAILROAD  COMMISSIONS. 


In  the  following  statement  of  the  laws  of  the  various 
states  establishing  railroad  commissions,  the  laws  of  Cali- 
fornia, Massachusetts  and  New  York  have  been  given 
more  fully  than  those  of  some  other  states  for  the  reasons, 
as  respects  California,  that  the  commission  in  that  state  is 
a  constitutional  body  ;  as  respects  Massachusetts,  that  her 
law  has  been  comparatively  long  in  force  and  has  been  fol- 
lowed in  the  legislation  of  other  states;  as  respects  New 
York,  that  railroad  management  in  that  state  is  exception- 
ally important  to  the  country  at  large,  because  the  number 
of  roads  traversing  the  state  is  so  large  and  their  traffic  so 
important. 

The  reader  may  understand  that  all  the  commissions 
have  tolerably  broad  powers  of  subposnaing  witnesses  and 
compelling  testimony  when  needful  in  the  discharge  of 
their  duties;  also,  that  generally  whenever  in  the  statement 
nought  is  said  about  the  compensation  of  the  Commission- 
ers, they  are  paid  salaries  at  the  expense  of  the  state. 
ALABAMA. 

An  act  of  Feb.  26,  1881,  Laws  1881,  No.  91,  p.  84-95,  pro- 
vides for  the  appointment  of  three  Commissioners.  (Sec. 
13).  There  are  the  usual  qualifications  as  to  who  may  be  a 
Commissioner.  (Sec.  14.)  The  Commission  is  to  revise  all 
tariffs  of  charges  submitted  to  it  for  that  purpose  by  any 
person  or  company  operating  a  railroad  in  this  state,  and 
if  such  rates  are  allowed  they  shall  append  a  certificate  of 
approval  thereto.  (Sec.  15.)  It  is  to  hear  and  investigate 
complaints  and  give  notice  of  any  changes  deemed  proper 
in  any  tariff  of  rates.  (Sec.  16.)  The  expenses  of  the  Com- 
mission shall  be  borne  by  the  several  railroads,  and  upon  a 
company's  paying  its  assessed  proportion  of  this  tax,  and 
upon  the  satisfactory  evidence  that  it  is  prepared  to  trans- 
port passengers  and  freight  with  safety,  the  Auditor  shall 


44 

issue  a  license  to  said  company  to  operate  the  road  for  one 
year.    (Sec.  18.) 

When  in  the  judgment  of  the  Commission  it  shall  ap- 
pear that  repairs  are  necessary  upon  any  railroad,  or  any 
addition  to  its  rolling  stock  or  change  in  or  addition  to  its 
houses,  or  change  in  its  rates  is  reasonable  and  expedient 
for  the  safety,  convenience  and  accommodation  of  the 
public,  they  shall  notify  it  thereof,  and  include  a  report  of 
their  proceedings  in  the  annual  report  to  the  Legislature. 
(Sec.  20.) 

The  Commission  shall  supervise,  and  examine  the  rail- 
roads of  the  state  and  keep  themselves  informed  as  to  their 
condition  and  management.  (Sees.  21,  22.)  Persons  operat- 
ing railroads  are  to  make  annual  reports  to  the  Commis- 
sioners in  manner  prescribed  by  them.  (Sec.  25.) 

Any  accident  attended  with  serious  personal  injury  is 
to  be  reported  to  the  Commissioners  within  twenty-four 
hours  from  its  occurrence,  and  they  may  investigate  the 
same  and  embrace  an  account  of  their  proceedings  in  their 
annual  report.  (Sec.  26.)  This  yearly  report  of  the  Com- 
missioners is  to  contain  such  facts  as  disclose  the  actual 
working  of  the  railway  system  in  this  state,  and  such  sug- 
gestions as  may  seem  to  them  appropriate.  They  shall 
also  submit  such  recommendations  as  to  further  legisla- 
tion as  they  may  deem  advisable.  (Sec.  28.) 

A  pro  vision  not  occurring  elsewhere  makes  it  the  duty 
of  the  Commission  to  confer  with  the  Commissioners  of 
other  states,  and  with  such  persons  from  states  having  no 
Commissioners,  as  the  Governors  thereof  may  appoint,  for 
the  purpose  of  agreeing  upon  draft  of  statutes,  to  be  sub- 
mitted to  the  Legislature  of  each  state,  to  secure  such  uni- 
form control  of  railway  transportation  in  the  several 
states,  and  from  one  state  into  another,  as  will  best  sub- 
serve, the  interests  of  trade  and  commerce.  (Sec.  31.) 

By-laws  1883,  No.  78,  p.  151,  the  Commission  may 
recommend  joint  local  rates  to  railroads  in  this  state  on 
freight  in  all  cases  where  such  railroads  constitute  a  com- 
bination under  one  general  management.  Act.  No.  79, 
Laws  1883,  Se3.  5,  p.  153,  provides  for  the  approval  of 
pooling  contracts  by  the  Commission.  No.  104,  Laws  1888, 


45 

p.  178,  enacts  that  any  duly  proved  determination  of  the 
board  concerning  a  matter  of  which  it  has  jurisdiction 
shall,  in  any  proceeding  in  the  courts  of  the  state,  be  con- 
sidered prima  facie  right  and  proper. 
ARKANSAS. 

In  Arkansas  there  is,  or  was,  a  so-called  Railroad  Com- 
mission, consisting  of  the  Governor,  the  Secretary  of  State 
and  the  Commissioner  of  Internal  Improvements.  Its 
powers  and  duties  relate  to  applications  for  state  aids  to 
proposed  railroads.  Companies  desiring  aid  from  the  state 
must  lay  the  facts  before  the  Commissioners  ;  if  they  ap- 
prove the  application,  the  Governor,  upon  their  report, 
may  issue  bonds  for  the  amount  reported  to  be  proper. 
This  Commission  has  no  important  authority  over  roads  in 
operation  except  as  concerns  their  fiscal  relations  with  the 
state.  (Sec.  4,971-4,973,  seq.) 

CALIFORNIA. 

The  constitution  directs  the  election  of  three  Railroad 
Commissioners,  and  defines  their  general  powers  and 
duties,  among  which  are:  to  establish  transportation 
charges;  to  examine  the  records,  etc.,  of  the  company;  to 
hear  and  determine  complaints  against  them;  to  prescribe 
a  uniform  system  of  railroad  accounts,  and  to  make 
annual  reports  to  the  Governor  of  the  doings  of  the  board. 

The  following  is  the  chief  provision  of  the  constitution, 
"  The  state  shall  be  divided  into  three  districts  as  nearly 
equal  in  population  as  practicable,  in  each  of  which  one 
Railroad  Commissioner  shall  be  elected  by  the  qualified 
electors  thereof  at  the  regular  gubernatorial  elections: 
whose  salary  shall  be  fixed  by  law,  and  whose  term  of 
office  shall  be  four  years,  commencing  on  the  first  Monday 
after  the  first  day  of  January  next  succeeding  their  elec- 
tion. Said  Commissioners  shall  be  qualified  electors  of 
this  state  and  of  the  district  from  which  they  are  elected, 
and  shall  not  be  interested  in  any  railroad  corporation,  or 
other  transportation  company,  as  stockholder,  creditor, 
agent,  attorney  or  employe;  and  the  act  of  a  majority  of 
said  Commissioners  shall  be  deemed  the  act  of  said  Com- 
mission. Said  Commissioners  shall  have  the  power,  and  it 


46 

shall  be  their  duty,  to  establish  rates  of  charges  for  the 
transportation  of  passengers  and  freight  by  railroad  or 
other  transportation  companies,  and  publish  the  same  from 
time  to  time,  with  such  changes  as  they  may  make;  to  ex- 
amine the  books,  records,  and  papers  of  all  railroad  and 
other  transportation  companies,  and  for  this  purpose 
they  shall  have  power  to  issue  subpoenas  and  all 
other  necessary  process ;  to  hear  and  determine 
complaints  against  railroad  and  other  transportation 
companies,  to  ssnd  for  persons  and  papers  to  adminis- 
ter oaths,  take  testimony,  and  punish  for  contempt  of  their 
orders  and  processes,  in  the  same  manner  and  to  the  same 
extent  as  courts  of  record,  and  enforce  their  decisions  nnd 
correct  abuses  through  the. medium  of  the  courts.  Said 
Commissioners  shall  prescribe  a  uniform  system  of  ac- 
counts to  be  kept  by  all  such  corporations  and  companies. 
Any  railroad  corporation  or  transportation  company 
which  shall  fail  or  refuse  to  conform  to  such  rates  as  shall 
be  established  by  such  Commissioners,  or  shall  charge 
rates  in  excess  thereof,  or  shall  fail  to  keep  thipr  accounts 
in  accordance  with  the  system  prescribed  by  the  Commis- 
sion, shall  be  fined  not  exceeding  $20,000  for  each  offense, 
and  every  officer,  agent,  or  employe  of  any  such  corpora- 
tion or  company,  who  shall  demand  or  receive  rates  in 
excess  thereof,  or  who  shall  in  any  manner  violate  the 
provisions  of  this  section,  shall  be  fined  not  exceeding 
$5,000,  or  be  imprisoned  in  the  county  jail  not  exceeding 
one  year.  In  all  controversies,  civil  or  criminal,  the  rates 
of  fares  and  freights  established  by  said  Commission  shall 
be  deemed  conclusively  just  and  reasonable,  and  in  any 
action  against  such  corporation  or  company  for  damages 
sustained  by  charging  excessive  rates,  the  plaintiff,  in  ad- 
dition to  the  actual  damage,  may,  in  the  discretion  of  the 
judge  or  jury,  recover  exemplary  damages.  Said  Com- 
mission shall  report  to  the  Governor,  annually,  their  pro- 
ceedings, and  such  other  facts  as  may  be  deemed  im- 
portant. Nothing  in  this  section  shall  prevent  individuals 
from  maintaining  actions  against  any  of  such  companies. 
The  Legislature  may,  in  addition  to  any  penalties  herein 
prescribed,  enforce  this  article  by  forfeiture  of  charter  or 


47 

otherwise,  and  may  confer  such  further  powers  on  the 
Commissioners  as  shall  be  necessary  to  enable  them  to  per- 
form the  duties  enjoined  on  them  in  this  and  the  forego- 
ing section.  The  Legislature  shall  have  power,  by  a  two- 
thirds  vote  of  all  the  members  elected  to  each  house,  to 
remove  any  one  or  more  of  said  Commissioners  from 
office,  for  dereliction  of  duty,  or  corruption,  or  incompe- 
tency;  and  whenever,  from  any  cause,  a  vacancy  in  office 
shall  occur  in  said  Commission,  the  Governor  shall  fill  the 
same  by  the  appointment  of  a  qualified  person  thereto, 
who  shall  hold  office  for  the  residue  of  the  unexpiredterm, 
and  until  his  successor  shall  have  been  elected  and  quali- 
fied." (Cal.  Const.,  1879,  Art.  12,  §  22.) 

The  counties  to  compose  the  several  railroad  districts, 
until  the  Legislature  should  otherwise  prescribe,  were  tem- 
porarily designated.     (Id.,  Art.  12,  §  23.) 
CONNECTICUT. 

The  General  Statutes  of  Connecticut  provide  for  the 
appointment  of  three  Commissioners.  By  Chap.  145,  p. 
232,  Laws  1877,  one  of  these  is  to  b3  a  lawyer  of  ten  years' 
standing,  one  a  civil  engineer  and  one  a  practical  business 
man.  Their  salaries  and  expenses  are  to  be  paid  by  a  tax 
levied  'upon  the  railroads  of  the  state;  they  may 
employ  experts  to  assist  them.  (Gen.  Sta  s.,  Tit.  3,  Chap. 
1,  PC.  7,  pp.  15,  16.)  Title  17,  Chap.  2,  Pt.  9,  contains  provis- 
ion to  the  same  effect  as  Mass.  Gen.  Stat.,  1882,  Chap.  112, 
Sec.  141.  Semi-annual  examinations  of  railroads  within 
the  state  are  directed.  (Sec.  11,  p.  320.) 

The  board  shall  notify  the  company  to  make  all  repairs 
required  within  a  time  limited  ;  shall  make  such  rules  as 
to  platforms  and  outbuildings  at  stations  as  are  for  the 
public  interest ;  may  prescribe  the  time  during  which  any 
ticket-office  shall  be  open  for  the  sale  of  tickets,  and  no 
company  neglecting  such  order  shall  receive  more  than 
the  regular  ticket  price  for  fare  ;  shall  make  necessary 
orders  for  compelling  companies  to  furnish  comfortable 
seats  for  passengers,  and  ftr  regulating  the  manner  in 
which  companies  shall  manage  their  engines  and  cars  at 
highway  crossings  ;  shall  direct  that  suitable  warning 
boards  be  put  up  at  dangerous  crossings  ;  may  require 


48 

companies  to  maintain  a  gate  across  a  highway  at  any 
crossing,  and  to  provide  an  agent  to  open  and  close  the 
same  ;  shall,  when  two  roads  meet  or  intersect,  at  the 
request  of  the  directors  of  the  company  owning  either, 
prescribe  rules  relative  to  the  exchange  of  passengers  and 
luggage.  (Sec.  12,  p.  320.) 

They  may  order  gates,  flagmen  or  signals  to  be  provided 
(Sec.  13,  p.  120);  may  recommend  measures  conducive  to 
public  safety,  and  report  neglect  to  adopt  such  measures 
to  the  General  Assembly  (Sec.  14,  p.  321);  may  apply  for  in- 
junction to  restrain  persons  from  exercising  any  official 
duty  in  a  corporation  which  has  violated  the  law,  or  is  con- 
ducting its  affairs  in  a  dangerous  manner.  (Sec.  15.) 

The  Commissioners  are  to  report  to  each  General  As- 
sembly suggesting  such  legislation  as  they  deem  proper. 
(Sec  17.) 

They  shall  prescribe  the  limits  within  which  land  may  be 
taken  for  railroad  purposes.  (Sec.  18,  p.  32.)  The  routes 
of  new  railroads  are  to  be  approved  by  the  Commissioners 
as  to  intersections,  crossings,  etc.  (Sees.  26,  28,  p.  323);  also 
the  location  and  abandonment  of  depots  (Sees.  48, 51,  p.  327). 
They  are  to  secure  to  all  connecting  roads  equal  facilities. 
(Sec.  62,  p.  324.)  Companies  must  provide  bridges  con- 
necting the  several  cars  of  their  trains;  these  appliances  to 
be  approved  by  the  Commissioners.  (Sec.  5,  p.  350. )  As 
in  New  York,  they  are  to  notify  the  board  of  accidents  oc- 
curring on  their  roads.  (Sec.  80,  p.  332,  as  amended  laws, 

1881,  Chap.  X.,  p.  7.) 

GEORGIA. 

Three  Commissioners,  of  whom  one  shall  be  of  ex- 
perience in  law,  and  one  of  experience  in  railroad  business, 
are  to  be  appointed  by  the  Governor,  with  the  advice  and 
consent  of  the  Senate.  As  elsewhere,  employment  by  or 
interest  in  a  railroad  renders  one  ineligible  for  the  office. 

The  Commissioners  are  required  to  make  for  each  rail- 
road doing  business  in  this  state  a  schedule  of  just  and 
reasonable  rates,  and  to  revise  and  change  the  same  as 
often  as  necessary;  said  schedule  to  be  published  in  some 
public  newspaper  and  posted  in  all  rail  way  stations.  (Code, 

1882,  Sec.  719,  /.)    They  are  to  investigate  the  books  of 


49 

the  companies,  make  personal  visitation  of  their  railroad 
offices  for  the  purpose  of  examination  to  ascertain  whether 
the  rules  and  regulations  to  prevent  unjust  discriminations, 
etc.,  have  been  complied  with.  (Sec.  719,  g.)  All  agree- 
ments between  companies  as  to  rates  of  transportation  or 
as  to  a  division  of  earnings  by  competing  roads  shall  be 
submitted  to  the  Commissioners  for  their  inspection  and 
approval,  that  just  and  reasonable  rates  may  be  secured, 
and  any  agreement  not  approved  by  them  or  providing  for 
charges  exceeding  the  rates  fixed  shall  be  illegal  and  void. 
(Sec.  719,  h.)  Severe  penalties  are  incurred  by  violating 
the  rules  and  regulations  prescribed.  To  recover  these, 
actions  are  to  be  instituted  by  the  Commissioners  through 
the  Attorney  General  or  Solicitor-General.  (Sec.  719,  i.) 
The  Commissioners  are  to  make  semi-annual  reports  to  the 
Governor,  and  recommend  such  legislation  as  they  may 
deem  advisable.  (Sec.  719,  u.)  The  railroads  are  to  report 
to  the  Commissioners.  (Sec.  719,  p.) 

ILLINOIS. 

Three  "  Railroad  and  Warehouse  Commissioners"  are  to 
be  appointed  by  the  Governor  with  the  advice  and  con- 
sent of  the  Senate.  No  person  is  to  be  chosen  who  is  con- 
nected with  or  interested  in  any  railroad  company  or 
warehouse.  Every  railroad  company  is  to  make  a  yearly 
report  to  the  Commissioners  (Rev.  Stat.,  1880,  pp.  1184- 
1185,  Chap.  114,  Sees.  153,  154,  158),  and  they  are  in  turn 
to  report  to  the  Governor  once  in  each  year,  or  oftener  if 
required,  making  such  suggestions,  as  may  seem  appropri- 
ate to  them,  and  particularly,  first,  whether  in  their  judg- 
ment the  railroads  can  be  classified  in  regard  to  the  rate 
of  fare  and  freight  to  be  charged  upon  them,  and  if  so,  in 
what  manner;  second,  whether  a  classification  of  freight 
can  also  be  made,  and  if  so,  in  what  manner.  They  shall 
also,  at  such  times  as  the  Governor  shall  direct,  examine 
any  particular  subject  connected  with  the  condition  and 
management  of  such  railroads  and  warehouses,  and  report 
to  him  in  writing  their  opinion  thereon  with  their  reasons 
therefor.  (Sec.  162.)  It  is  the  duty  of  the  Commissioners 
to  examine  the  condition  and  management  of  the  railroads 
of  the  sta'e.  One  of  their  number  is  to  visit  each  county 


50 

in  which  is  located  a  railroad  station,  at  least  once  in  six 
•months,  and  whenever  it  shall  come  to  their  knowledge, 
either  upon  complaint  or  otherwise,  or  they  shall  have 
reason  to  believe  that  any  law  or  laws  have  been  or  are 
being  violated,  they  shall  prosecute  or  cause  to  be  prose- 
cuted all  corporations  or  persons  guilty  of  such  violation. 
(Sec.  163.)  The  Attorney  -General  and  State's  Attorney 
are  to  prosecute  any  suit  or  proceeding  which  the 
Commissioners  may  direct  them  to  prosecute  for  vio- 
lation of  any  law  of  the  state  concerning  railroads.  (Sec. 
169) 

IOWA. 

In  this  state  one  of  the  three  Commissioners  shall  be  a 
civil  engineer.  There  are  essentially  the  same  provisions 
concerning  eligibility  as  those  found  in  the  Illinois  statute- 
The  Commissioners  are  to  inspect  the  equipment  and  man- 
agement of  each  railroad  in  the  state  ;  are  to  make  semi- 
annual examinations  of  its  bridges,  and  if  they  shall  deem 
any  unsafe  and  the  company  shall  neglect  after  notice  to 
repair  such  bridges,  they  are  empowered  to  stop  the  run- 
ning of  trains  over  them.  (McClain'a  Stats.,  Vol.  I.,  p. 
365.)  As  in  Illinois,  the  compani  s  are  to  report  to  the 
Commissioners  and  they  to  the  Governor  once  in  each  year, 
(pp.  335,  336.) 

This  report  is  to  contain  such  facts,  statements  and  ex- 
planations as  will  disclose  the  working  of  the  system  of 
railroad  transportation  in  this  state,  and  its  relation  to  the 
general  business  and  prosperity  of  the  citizens  of  the  state ; 
also  certain  enumerated  statistics  of  each  road.  The  Com- 
m  ssioners  are  to  report,  further,  violations  of  the  state 
laws,  failures  to  comply  with  the  terms  of  charters ;  re- 
pairs or  changes  deemed  expedient  in  the  road  or  rolling 
stock  of  any  company  ;  also  cases  of  extortion,  unjust 
discrimi  ation  in  rutrs,  etc.,  satisfactorily  proven  to  the 
board  as  provided  by  the  statute,  (pp.  365,  369.) 

As  in  Connecticut  and  New  York,  it  is  enacted  that  a 
corporation  operating  a  road  upon  which  an  accident  oc- 
curs shall  notify  the  b'jard  thereof.  An  investigation  and 
report  are  thereupon  t  >  be  mnde  to  the  Governor  c  >ncern- 
ing  it.  (p.  368.) 


51 

KANSAS. 

Under  the  provisions  of  Chap.  124,  p.  186,  Laws  of  1883, 
there  is  to  be  a  board  of  three  Railroad  Commissioners 
elected  by  the  Executive  Council.  As  in  other  states,  they 
must  be  neither  employed  by  nor  interested  in  any  railroad 
corporation.  (Sees.  1-2.)  Their  salaries  and  expenses  are 
to  be  paid  by  the  railroad  companies.  (Sec.  4.)  They  are 
to  have  general  supervision  of  all  steam  railroads  in  the 
state,  all  express  companies,  sleeping-car  companies  and 
corporations  doing  business  as  common  carriers  in  the 
state  ;  are  to  inquire  into  any  neglect  or  violation  of  the 
laws  of  the  state  by  them  ;  to  inspect  the  equipment  and 
management  of  railroads  with  reference  to  public  safety 
and  convenience  ;  to  inform  the  corporations  of  any  im- 
provements or  changes  in  their  roads,  rolling  stock,  depots, 
etc.,  deemed  expedient  ;  also  to  recommend  modifications 
in  their  rates  of  transportation  adjudged  reasonable  and 
proper,  and  are  to  incorporate  an  account  of  such  proceed- 
ings in  a  report  to  be  made  by  them  annually  to  the 
Governor.  Certain  particulars  concerning  the  financial 
condition  and  statistics  of  each  railroad  in  the  state  are 
also  to  be  included  in  this  report,  as  well  as  such  further 
suggestions  as  may  to  the  board  seem  appropriate.  (Sees. 
5-6.)  Each  company  is  to  report  yearly  to  the  Commis- 
sioners. (Sec.  7.)  Upon  complaint  in  writing  that  an  un- 
reasonable rate  has  been  charged,  the  board  shall  investigate 
such  complaint,  and  if  sustained  make  a  certificate  setting 
forth  what  is  a  reasonable  charge  for  the  service  rendered, 
which  report  shall  be  prima  facie  evidence  thereof.  (Sec. 
11.) 

All  pooling  contracts  are  pr-  >hibited  between  companies 
whose  roads  run  in  the  same  general  direction.  (Sec.  12.) 
On  complaint  made  by  certain  city  or  township  authori- 
ties, etc.,  the  board  shall  examine  the  rates  of  freight 
tariff  charged  by  any  company,  and  if  it  appear  that  the 
complaint  is  well  founded,  they  shall  so  adjudge  and  fix 
upon  reasonable  rates,  which  are  to  be  accepted  by  said 
company,  and  any  excess  upon  such  charges  shall,  in  all 
actions  brought  in  any  court  of  justice,  be  prima  facie 
unjust  and  extortionate.  All  cases  of  failure  to  comply 


52 

with  such   recommendations  shall    be    reported    to    the 
Governor.     (Sees.  14,  18.) 

Any  person  engaged  in  business  other  than  that  of  a 
common  carrier  is  also  empowered  to  own  railroad  cars, 
and  all  companies  must  receive  and  transport  the  same 
on  such  terms  and  rates  as  may  be  fixed  by  the  Commis- 
sioners. (Sec.  15.) 

The  right  to  construct  a  railroad  and  to  take  land  by 
eminent  domain  may,  in  certain  cases,  and  with  the  ap- 
proval of  the  board,  be  exercised  by  private  persons.  (Sec. 
17.)  There  are  heavy  penalties  for  violating  or  evading 
the  provisi1  >ns  of  this  act,  these  to  be  sued  for  by  the 
county  attorneys  upon  the  directions  of  the  Commissioners. 
(Sees.  19,  20.) 

KENTUCKY. 

Chap.  790,  Laws  1881-82,  Vol.  I.,  p.  66-73^  provides  for 
the  creation  of  a  Railroad  Commission.  Its  members  are 
to  be  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate.  (§  5.)  No  person  is  to  be  chosen 
who  is  in  the  employ  of  or  interested  in  any  railroad  com- 
pany. (§  6.) 

To  these  Commissioners  each  company  is  to  furnish 
yearly  a  statement  of  its  affairs,  specifying  between  thirty 
and  forty  prescribed  particulars  (§  9),  also  answers  to  any 
additional  interrogatories  which  they  may  propound. 
(§10.) 

Said  Commissioners  are  to  make  an  annual  report 
to  the  Governor  containing  such  facts  as  will  dis- 
close the  practical  workings  of  the  system  of  railroad 
transportation  in  this  state,  and  such  suggestions  in  rela- 
tion thereto  as  may  to  them  seem  appropriate.  (§  11.)  They 
shall  examine  into  the  condition  and  management  of  rail- 
roads in  this  state,  so  far  as  the  same  pertain  to  the  rela- 
tion of  such  railroads  to  the  public,  also  whether  they 
comply  with  the  laws  of  the  state,  and  to  prosecute  or 
cause  to  be  prosecuted  corporations  or  persons  guilty  of 
such  violation.  (§  12.)  The  Attorney-General  and  Com- 
monwealth's Attorney  are,  upon  request  of  the  Commis- 
sioners, to  institute  and  prosecute  all  proceedings  authorized 
by  this  act.  (§  16.) 


53 

The  Commissioner  is  also  to  hear  and  determine  c^m* 
plaints  of  extortion  or  discrimination  in  rates  by  any 
railroad  corporation,  rendering  such  corporation  liable  to 
cert -i  in  penalties  therein  provided.  A  copy  of  the  Com- 
missioners' award  may,  under  certain  circumstances,  be 
filed  with  Clerk  of  the  Circuit  Court,  and  execution 
issued  thereon.  (§  19,  1,  2,  3,  4.) 
MAINE. 

The  Governor  with  the  advice  of  Council  shall  appoint 
three  Railroad  Commissioners  :  two  of  these  shall  be  ex- 
perienced in  the  construction  and  management  of  railroads, 
and  one  of  them  shall  be  an  engineer.  (Rev.  Stats.,  Chap. 
51,  Sec.  71,  p.  462.) 

The  majority  of  the  board  are  annually  to  examine  the 
tracks,  rolling  stock,  bridges,  viaducts  and  culverts  of  all 
railroads,  giving  a  certificate  stating  the  condition  thereof 
to  the  Clerk  of  the  corporation.  (Sec.  12.)  The  Com- 
missioners may  notify  a  company  to  make  necessary  re- 
pairs in  its  road,  and  require  it  to  reduce  the  speed  of  their 
trains  meanwhile.  Such  orders  are  to  be  enforced  through 
the  courts,  it  being  the  duty  of  the  Attorney  General  or 
the  county  attorneys  to  take  charge  of  proceedings  therein 
on  being  notified  so  to  do  by  the  board.  (Sees.  74  and  75.) 
The  Commissioners  may  also  order  the  immediate  stopping 
of  all  passenger  trains  about  to  run  over  a  road  considered 
by  them  unsafe,  and  if  said  order  is  not  obeyed  they  shall 
apply  at  once  for  an  injunction  against  the  company  with- 
out notice  to  it.  (Laws  of  1874,  p.  155,  Chap.  218.  Sec.  2.) 

When  connecting  railroads  cannot  agree  concerning  the 
transportation  of  passengers  or  freight,  the  Commissioners 
may,  on  the  application  of  either  of  them,  examine  into 
the  matter  and  6x  the  terms,  rates,  etc.,  upon  which 
passengers,  freight  or  cars  shall  b?  carried  over  the  road  of 
each.  (Sec.  76.)  Their  award  shall  be  returned  to  the 
Supreme  Judicial  Court  and  accepted,  or  for  good  cause 
recommitted  or  rejec  ed.  (Sec.  77.)  The  Commissioners 
are  to  examine  into  tie  ciune  of  any  serious  accident,  and 
include  the  results  of  such  examination  in  a  report  which 
they  are  to  make  annually  to  the  Governor.  (Sec.  78.)  In 
this  report  they  are  to  state  such  facts  as  they  deem  of 


54 

public  interest  or  such  as  the  Governor  may  require.    (Sec; 
72.) 

The  railroads  are  to  report  yearly  to  the  board,  and  the 
returns  shall  be  as  nearly  as  possible  uniform,  as  to  subject 
matter,  with  those  required  in  the  other  New  England 
States.  (Sec.  30  as  amended,  Laws  1877,  Chap.  207,  p. 
154.) 

MASSACHUSETTS. 

The  Board  of  Railroad  Commissioners  consists  of  three 
persons  appoint  ed  by  the  Governor.  No  person  in  the 
employment  of  or  holding  stock  in  a  railroad  cot  p  oration 
is  eligible  for  the  office  of  Commissioner.  (Pub.  Stat  , 
1882,  Chap.  112,  Sec.  9.) 

The  salaries  and  expenses  of  the  Commissioners  are  to 
be  borne  by  the  railroads  and  street  railways.  (Sec.  12.) 

The  board  shall  make  an  annual  report  of  its  doings  to 
the  General  Court,  including  such  statements,  facts  and 
explanations  as  will  disclose  the  actual  working  of  the 
system  of  railroad  transportation  in  its  bearing  upon  the 
business  and  prosperity  of  the  commonwealth,  and  such 
suggestions  as  to  its  general  railroad  policy  or  any  part 
thereof,  or  the  condition,  affairs,  or  conduct  of  any  rail- 
road corporation,  as  may  seem  to  it  appropriate. 

The  board  shall  have  the  general  supervision  of  all  rail- 
roads and  railways,  and  shall  examine  the  same  ;  and  the 
Commissioners  shall  keep  themselves  informed  as  to' the 
condition  of  railroads  and  railways,  and  the  manner  in 
which  they  are  operated  with  reference  to  the  security 
and  accommodation  of  the  public,  and  as  to  the  com- 
pliance of  the  several  corporations  with  their  charters  and 
the  laws  of  the  commonwealth.  The  provisions  of  the  six 
following  sections  shall  apply  to  all  railroads  and  railways, 
and  to  the  corporations,  trustees  or  others  owning  or 
operating  the  same. 

The  board,  whenever  in  its  judgment  any  such  corpora- 
tion has  violated  a  law,  or  neglects  in  any  respects 
to  comply  with  the  terms  of  the  act  by  which  it  was 
created,  or  with  the  provisions  of  any  law  of  the  com- 
monwealth, shall  give  notice  thereof  in  writing  to  such 
corporation ;  and.  if  the  violation  or  neglect  is  continued 


55 

after  such  notice,  shall  forthwith  present  the  facts  to  the 
Attorney-General,  who  shall  take  such  proceedings  there- 
on as  he  may  deem  expedient. 

The  boaH,  whenever  it  deems  that  repairs  are  necessary 
on  any  railroad,  or  that  an  addition  to  its  rolling  stock,  or 
an  addition  to  or  change  of  its  stations  or  station  houses 
or  a  change  in  its  rates  of  fares  lor  transporting  freight  or 
passengers,  or  in  the  mode  of  operating  its  road  and  con- 
ducting its  business  is  leasonable  and  expedient  in  or^erto 
promote  the  security,  convenience  and  accommodation  of 
ihe  public,  fhall,  in  writing,  infoim  the  corporation  of  the 
improvements  and  changes  which  it  considers  to  be  proper, 
and  the  report  of  the  proceedings  shall  be  included  in  the 
annual  report  of  the  board. 

Upon  the  complaint  and  application  of  the  Mayor  and 
Aldermen  of  a  city  or  the  Selectmen  of  a  town  w  ithin  which 
any  part  of  a  railroad  is  located,  the  board  shall  examine 
the  condition  and  operation  thereof  ;  and  if  twenty  or 
more  legal  voters  in  a  city  or  town,  by  petition  in  writing, 
request  the  Mayor  and  Aldtrmen  or  Selectmen  to  make 
sucli  complaint  and  applicat  on,  and  they  decline  so  to  do. 
they  shall  indorse  upon  the  petition  the  reason  of  buch 
non-compliance,  and  return  it  to  the  petitioners,  who  may 
within  ten  days  thereafter  present  it  to  said  board,  and  the 
board  may  thereupon  proceed  to  make  such  examination 
in  the  same  manner  as  if  calif  d  upon  by  the  Mayor  a"d 
Aldermen  or  the  Selectmen,  first  giving  to  the  petitioners 
and  to  the  corporation  reasonable  notice  in  writing  of  the 
time  and  place  of  entering  upon  the  same.  If  upon  such 
examination  it  appears  to  the  board  that  the  complaint  is 
well  founded,  it  shall  so  adjudge,  and  shall  inform  the  cor- 
poration operating  such  railroad  of  its  adjudication  in  the 
same  manner  as  is  provided  in  the  preceding  section. 

The  board  shall  investigate  the  causes  of  any  accident 
o  i  a  railroad  resulting  in  loss  of  life,  and  of  any  accident 
not  so  resulting,  which  it  may  deem  to  require  investi- 
gation. 

Every  railroad  corporation  shall  at  all  limes,  on  request, 
furnish  to  the  board  any  information  required  by  it  con- 
cerning the  condition,  management  and  operation  of  the 


56 

road  of  such  corporation,  and  particularly  copies  of  all 
leases,  Contracts  and  agreements  for  transportation  with 
express  companies  or  otherwise,  to  which  it  is  a  party,  and 
also  with  the  rates  for  transporting  freight  and  passen- 
gers upon  its  road  and  other  roads  with  which  its  business 
is  connected. 

No  request  o:'  advice  of  the  board  shall  impair  in  any 
manner  the  legal  duties  and  obligations  of  a  railroad  cor- 
poration, or  its  legal  liability  for  the  consequences  of  its 
acts  or  of  the  neglect  or  nrsmanagement  of  any  of  its 
agents  or  servants. 

The  board  shall  from  time  to  time  in  each  year  examine 
the  books  and  accounts  of  all  corporations  operating  rail- 
roads or  street  railways,  to  see  lhat  they  are  kept  in  a  uni- 
form manner  and  upon  the  system  prescribed  by  the 
board.  Statements  of  the  doings  and  financial  condition 
of  the  several  corporatio  is  shall  ba  prepared  and  published 
at  such  times  as  the  board  shall  deem  expedient. 

On  the  application  in  writing  of  a  director  or  of  any  per- 
son or  persons  owning  one-fiftieth  part  of  the  paid  in  capi- 
tal stock  of  a  corporation  operating  a  railroad  or  street  rail- 
way, or  owning  the  bo  ads  or  other  evidences  of  indebted- 
ness of  such  corporatio  i  equal  in  amount  to  one-fiftieth 
part  of  its  paid  in  capital  stock,  the  board  shall  examine 
the  books  and  the  financial  condition  of  said  corporation, 
and  shall  cause  the  result  of  such  examination  to  be  pub- 
lished in  one  or  more  daily  papers  in  the  city  of  Boston. 

The  board  shall  at  all  times  have  access  to  the  list  of 
stockholders  of  every  corporation  operating  a  railroad  or 
street  railway,  and  may  at  any  time  cause  the  same  to  V>e 
copied,  in  whole  or  in  part,  for  the  information  of  the 
board  or  of  persons  owning  stock  in  su'-h  corporation. 
(Sees.  13-23.  Chap.  112.) 

Here  as  in  other  stites  having  Railroad  Commissioners 
the  Commissioners  may  summon  witnesses,  administer 
oaths  and  take  testimony.  (Sec.  25.) 

The  board  may  fix  the  route  of  a  railroad  in  a  sLty  or 
town  when  the  town  or  city  authorities  cannot  agree  witu 
the  directors  of  the  railroad  concerning  it  (Sec.  4D;   and' 
the  clerk  of  the  board  is  to  certify  that  the  requirements 


57 

of  the  law  have  been  complied  with  before  the  articles  of 
association  are  filed.  (Chap.  112.  Sec.  44.)  It  may  allow 
a  street  railway  company  to  increase  its  capital  stock. 
(Chap.  113,  Sec.  15.)  No  railroad  corporation  may  locate 
or  construct  its  road  until  a  sworn  estimate  of  the  cost  of 
construction  is  submitted  to  the  board,  end  the  board  is 
satisfied  that  a  certain  amount  of  the  stock  has  been  sub- 
scribed and  paid  in.  (Chap.  112,  Sees.  85,  86.)  No  rail- 
road shall  be  constructed  across  another  at  the  same  grade, 
nor  across  navigable  waters  without  the  consent  of  the 
Commissioners.  (Chap.  112,  Sec.  118.) 

No  ra'lroad  shall  be  open  for  use  until  the  board  exam- 
ines it  and  certifies  that  the  laws  relating  to  its  construc- 
tion have  been  observed,  and  that  it  appears  to  be  in  a  safe 
condition.  (Chap.  112,  Sec.  141.) 

If  connecting  companies  cannot  agree  as  to  the  periods 
when  nor  the  times  upon  which  cars  of  the  one  shall  be 
drawn  over  the  road  of  the  other,  nor  as  to  the  manner  in 
which  passengers  and  freight  shall  be  transferred,  etc., 
the  board  shall,  upon  the  application  of  either  patty,  deter- 
mine such  matters,  and  app  >rtion  expenses,  receipts, 
etc.  (Chap.  112,  Sec.  218.) 

The  board  has  supervision  of  there-location  of  passenger 
and  freight  stations.  (Chap.  112,  Sec.  157.)  It  may  re- 
vise the  tariff  for  the  care  and  carriage  of  milk,  and  for 
the  rates  therefor.  (Chap.  112,  Sec.  193.)  It  may  regu- 
late the  fares  established  by  street  railroad  companies, 
but  not  so  as  to  reduce  their  profits  below  a  certain  per- 
centage upon  the  cost  of  the  road.  (Chap.  113,  Sec.  44.) 
It  miy  make  rules  regulating  the  transportation  of  explo- 
sives, the  violation  of  which  subjects  to  heavy  penalties. 
(Chap.  102,  62.)  The  board  may  approve  of  the  use  of 
certain  mechanical  appliances,  and  may  by  written  notice 
revoke  such  approval.  (Chap.  112,  Sec.  174.)  It  may  also 
authorize  running  through  trains  on  the  Lord's  day. 
(Chap.  99,  Sec.  15.)' 

MICHIGAN. 

A  Commissioner  of  Railroads  is  to  be  appointed  by  the 
Governor  and  the  appointment  Confirmed  by  the  Senate. 
As  in  Illinois  and  Iowa?  he  must  not  bs  disqualified  by  being 


58 

interested  in  or  connected  with  any  railroad  corporation. 
(Ho well's  Stats.,  Sscs.  3,285,  3,286.)  Every  company  is  to 
report  to  him  and  he  to  the  Governor  yearly,  substantially 
as  in  Illinois.  (Sees.  3,291,  3,294.)  He  is,  however,  em- 
powered not  only  to  examine  the  condition  and  manage- 
ment of  railroads  and  to  employ  expert  assistants  in  so 
doing,  but  to  order  repairs,  direct  the  rate  of  speed  of 
trains  passing  over  dangerous  tracks,  and  even  to  stop  their 
running  altogether,  the  company  becoming  liable  to  heavy 
penalties  for  disobeying  his  orders.  (Sec.  3,298.) 

There  are  sections  (3,299,  3,300)  conferring  certain  powers 
to  regulate  the  business  of  connecting  roads,  which  re 
s^mble  those  of  Massachusetts.  He  m-iy  direct  a  corpora- 
tion to  station  flagmen  or  erect  bridges  at  crossings  (Sec. 
3,301\  and  is  to  prosecute  or  cause  prosecutions  to  be 
brought  for  violation  of  any  law  pertaining  to  railroads 
(Se :.  3,303).  The  Attorney  -General  and  county  attornoys 
are  to  institute  any  proceedings  or  suits  directed  by  the 
Commissioner.  (Sec.  3.304.) 

It  is  the  duty  of  the  Commissioner  to  visit  each  c  ainty 
in  which  a  station  is  located  at  least  once  in  each  year. 
(Sec.  3,303.) 

He  may  entertain  petitions  for  railroad  facilities,  and  in 
certain  cases  require  the:n  to  be  furnished.  (Sec.  3,307.) 

There  are  several  minor  provisions  defining  his  powers 
and  duties  concerning  the  fences  to  be  maintained  by  rail- 
road companies,  the  signals  to  be  used  by  them,  etc.  (Sees. 
3,30^,  3,311.)  By  a  later  statute  every  company  is  to  make 
a  numbly  report  to  him  concerning  its  earnings.  (Sec. 
3,312  a.) 

MINNESOTA. 

In  this  state  tie  Railroad  Commissioner  is  elected  by  the 
people,  and  his  duties  as  defined  by  General  Statute,  Chap. 
6,  Section  69,  aro  to  inquire  into  any  neglect  or  violation  of 
the  laws  of  this  state,  by  any  railroad  corporation  doing 
business  therein  or  by  the  officers,  agents  or  employes  of 
any  such  company,  and  from  time  to  time  carefully  to 
examine  and  inspect  the  conditions  of  each  railroad  in  this 
state,  its  equipment  and  management,  with  relation  to  the 
public  sal'ety  and  convenience  ;  to  examine  into  and  ascer- 


59 

tain  the  pecuniary  condition  and  the  manner  of  financial 
management  of  each  and  every  railroad  company  doing 
business  in  this  state.  The  companies  are  to  report  to  him 
annually,  and  he  Is  to  make  a  yearly  report  to  the  Govern- 
or, containing  such  fa-Jts,  statements  and  explanations  as 
will  disclose  the  workings  of  the  system  of  railroad  trans- 
portation in  this  state,  and  its  rel  .tions  to  the  general  busi- 
ness and  prosperity  of  the  citizens  of  the  state  ;  also,  such 
suggestions  and  recommendations  in  respect  t1  ereto  as  may 
to  him  seem  api  ropriate.  (§§  70,  71.) 

MISSOURI. 

It  is  the  duty  of  the  Governor,  with  the  consent  of  the 
Senate,  to  appoint  three  Railroad  Commissioners.  There 
are  the  usual  p  ovisions  as  to  eligibility.  (Rev.  Stat.,  Sec. 
837.)  The  companies  are  annually  to  transmit  reports  to 
the  Commissioners  answering  81  specified  interrogatories. 
(Sec.  841.)  The  Commissioners  may  classify  certain  freight, 
and  are  further  empowered  and  authorized  to  reduce  rates 
on  any  of  said  railroads  or  parts  of  railroads,  either  in 
general  or  special  classes,  whenever,  in  their  judgment,  it 
can  be  equitably  done.  (Sec.  842.)  The  Railroad  Com- 
missioners shall,  as  often  as  they  may  d(  em  it  necessary, 
carefully  examine  the  condition  of  the  several  railroads  of 
this  state,  and  it  shall  be  the  duty  of  said  Railroad  Com- 
missioners, whenever  they  have  reasonable  grounds  to 
believe— either  on  complaint  or  otherwise— that  any  of  the 
tracks,  bridges  or  other  structures  of  any  railroads  in  this 
^tate  are  in  a  condition  which  render  any  of  them 
dangerous  or  unfit  for  the  transportation  of  passengers  with 
reasonable  sif'ety,  to  inspect  and  examine  the  same;  they 
may  thei  ettpon  order  necessary  repairs,  and  direct  the 
speed  of  trains  unt  1  the -repairs  are  made.  Heavy  penalties 
are  incurred  by  disobeying  the  orders  of  the  Commi?sioners, 
and  in  case  the  disregard  of  the  instructions  of  the  Com- 
missioners shall  cause  any  accident  whereby  human  life 
shall  be  lost,  or  passengers  maimed  or  wounded,  the  super- 
intendent of  tlie  company,  and  the  engineer  and  conductor 
in  charge  of  the  train,  shall  severally  be  deemed  guilty  of 
a  felony,  and  on  convi3tion  thereof  shall  be  imprisoned  in 
the  penitentiary  for  a  period  of  not  less  than  two  or  more 


60 

than  ten  years;  and  the  Commissioners  shall  have  power 
wholly  to  stop  the  running  of  passenger  trains  over  such 
defective  track,  bridge  or  other  structure;  and  they  are 
hereby  required,  in  cise  any  company  fail  to  repair  such 
track,  bridge  or  other  structure  within  the  time  required, 
to  give  notice  of  such  fact  in  some  newspaper  having  a 
general  circulation  along  the  line  of  said  railroad  to  the 
traveling  public.  (Sec.  843.) 

The  decision  of   the  Commissioners  with  reference  to 
rates  is  binding  on  the  companies,  and  there  are  penalties 
imposed  for  charging  higher  rates.     (Sec.  844.) 
NEW  HAMPSHIRE. 

A  Board  of  Railroad  Commissioners  consisting  of  three 
persons  shall  be  elected  at  the  same  time  and  in  the  same 
manner  as  tbe  Governor.  (General  laws,  Chap.  157,  Sec.  1.) 

Said  b  'ard  shall  perform  all  such  duties  in  relation  to 
the  laying  out  of  railroads  and  the  determination  of  ques- 
tions relating  to  railroads  as  may  be  required  by  law. 
(Sec.  6.) 

One  of  said  Commissioners,  once  at  least  in  each  year, 
without  previous  notice,  and  whenever  the  Governor  may 
require  it,  shall  make  personally  a  full  examination  into 
the  condition  of  every  railroad  and  the  management  of  its 
affairs  ;  inspect,  so  far  as  practicable,  all  books,  records, 
papers,  notes,  bonds,  and  other  evidences  of  debt,  and  all 
titles  of  property,  deeds,  and  bills  of  sale  belonging  to  its 
proprietors,  and  ascertain  whether  they  have  performed 
all  their  duties  to  the  state  and  individuals,  and  whether 
they  have  violated  any  provision  of  their  charters, 
or  of  the  laws  relating  to  railroad  corporations  or  to  raU- 
roade.  (Sec.  7.) 

Said  Commissioners  shall,  as  soon  as  may  be,  report  the 
result  of  such  examination  to  the  Secretary  of  State,  who 
shall  communicate  the  same  in  printed  form  to  the  Legis- 
fcure  at  their  next  session.  (Sec.  8. ) 

No  person  interested  in  any  railroad  can  be  a  Commis- 
sionor.  (Sec.  12.) 

NEW  JERSEY. 

In  New  Jersey  there  is  a  so-called  railroad  commission, 
consisting  of  the  State  Comptroller,  Treasurer  and  Coin- 


61 

missioner  of  Railroad  Taxation.  Its  powers  and  duties  re- 
late to  appraising,  for  the  purposes  of  taxation,  the  value 
of  the  propei  ties  of  any  railroad  company  which  does  not 
make  a  return  thereof  as  required  by  the  tax  laws.  The 
Commissioner  has  no  important  authority  over  the  opera- 
tion and  management  of  railroads.  (Act  of  April  13, 1876. 
Revision  1877,  p.  1168.) 

NEW  YORK. 

The  act  of  June  16,  1882,  Laws  1882,  Chap.  353,  provides 
that  there  shall  be  in  and  for  the  State  of  New  York  a 
Board  of  Railroad  Commissioners,  to  consist  of  three  per- 
sons appointed  by  tbe  Governor  by  and  with  the  ad- 
vice and  consent  of  the  Senate. 

Said  Board  of  Commissioners  shall  have  power  to  ad- 
minister oaths  in  all  matters  relating  to  their  duties,  and 
shall  have  the  general  supervisi*  >n  of  railroads  and  railways 
(so  far  as  necessary  to  enable  them  to  perform  the  duties 
and  exercise  the  power  imposed  and  conferred  by  law),  and 
shall  examine  the  same,  and  keep  themselves  informed  as 
to  their  condition,  and  the  manner  in  which  they  are 
operated,  with  reference  to  the  security  and  accommoda- 
tion of  the  public,  and  the  compliance  of  the  several  cor 
porations  with  the  provisions  of  the:r  charters  and  the  laws 
of  the  state  ;  it  shall  also  be  the  duty  of  said  Board  of  Rail- 
road Commissioners  to  investigate  the  causes  of  any  acci- 
dent on  a  railroad,  resulting  in  loss  of  life  or  injury  to  per- 
son or  persons  which,  in  their  judgment,  shall  require 
investigation,  and  the  result  of  such  investigation  shall 
also  be  reported  upon  in  the  annual  report  of  the  Commis- 
sioners to  the  Legislature  ;  and  it  is  hereby  made  the  duty 
of  the  General  Superintendent  or  Manager  of  each  railroad 
in  this  state  to  inform  the  said  board  of  any  such  accident 
immedi  itely  after  its  occurrence.  Before  proceeding  to 
make  any  such  examination  or  investigation  of  the  con- 
dition or  operation  of  any  railroad  in  this  state,  or  any  ac- 
cident thereon,  in  accordance  with  this  act,  said  board 
shall  give  reasonable  notice  to  the  corporation,  person  or 
persons  conducting  and  managing  the  same,  of  the  time 
and  place  of  entering  upon  said  examination.  And  such 
Board  of  Ra:lroad  Commissioners  shall  have  power,  for  the 


62 

purposes  provided  for  in  this  act,  to  examine  the  books  and 
affairs  of  any  railroad  company  or  corporation,  or  to  com- 
pel the  production  of  copies  of  books  and  papers,  subpoena 
witnesses,  administer  oaths  to  them,  and  compel  their  at- 
tendance and  examination,  as  though  such  subpoena  had 
issued  from  a  c<  >urt  of  record  of  this  state.  (Chap.  303, 
Sec.  4.) 

Whenever,  in  i he  judgment  of  the  Board  of  Rail=oad 
Commissioners,  it  shall  appear  that  any  such  corporation 
has  violated  any  constitutional  provision  or  law,  or  neglects 
in  any  respect  or  particulnr  to  comply  with  the  terms  of 
the  act  by  which  it  was  created,  or  unjustly  discriminates 
in  its  charges  for  services,  or  usurps  any  authority  not  by 
its  act  of  inc  -rporatiori  granted,  or  refuses  to  comply  with 
the  provisions  of  any  of  the  laws  of  the  state,  or  with  any 
recommendation  of  said  Board  of  Commissioners,  they 
shall  give  notice  thereof  in  writing  to  such  corporation, 
and  if  the  violation  or  neglect  is  continued  after  such 
notice,  the  board  may  forthwith  present  the  fact  to  the 
Attorney-General,  who  shall  take  such  proceedings  thereon 
as  may  be  necessary  for  the  protection  of  public  interests. 

Whenever  in  the  judgment  of  the  said  Board  of  Railroad 
Commissioners,  after  a  careful  personal  ex  :mination  of  the 
same,  it  shall  appear  that  repairs  are  necessary  upon  any 
railroad  within  this  state,  or  that  any  addition  to  the  roll- 
ing stock,  or  any  addition  to  or  change  of  the  stations  or 
station  houses,  or  that  additional  terminal  facilities  shall 
be  afforded,  or  that  any  change  in  the  rates  of  fare  for 
transporting  freight  or  passengers,  or  that  any  change  in 
the  mode  of  operating  the  road  and  conducting  its  business 
is  reasonable  and  expedient  in  order  to  p1  ornate  the  secui  ity, 
convenience  and  accornm  dation  of  the  public,  the  Slid 
board  shall  give  notice  and  information  in  writing  to  the 
corporation  of  the  improvements  and  changes  which  they 
deem  to  be  proper,  and  shall  give  such  corporation  an  op- 
portunity for  a  full  hearing  thereon  ;  and  if  the  corpora- 
tion refuses  or  neglects  to  make  such  repairs,  improvements 
and  changes, within  a  reasonable  time  after  such  information 
and  hearing,  and  shall  not  satisfy  said  board  that  no  action 
is  required  to  be  tak*  n  by  it,  the  said  board  shall  present 


63 

the  facts  in  the  case  to  the  Attorney-General  for  his  con- 
sideration and  action  ;  and  shall  also  report  the  same  facts 
in  a  special  report  or  in  the  annual  report  of  said  board 
to  the  Legislature.  (Chap.  353,  Sees.  5,  6.) 

Every  corporation  shall  at  all  times  on  request  furnish 
necessary  information  concerning  the  condition  and  man- 
agement of  its  road,  but  the  Commissioners  shall  not  be 
bound  to  give  publicity  to  such  information  if  the  public 
interests  do  not  require  it.  (Sec.  7.) 

The  said  Board  of  Railroad  Commissioners  shall  make  an 
an  mal  report  to  the  Legislature  of  their  doings,  including 
such  statements,  facts  and  explanations  as  will  disclose 
the  actual  working  of  the  system  of  railroad  transportation 
in  its  bearing  upon  the  business  and  prosperity  of  the  state, 
and  such  suggestions  as  to  the  general  railroad  policy  of 
the  state,  or  the  amendment  of  its  laws,  or  as  to  the 
condition,  affairs  or  conduct  of  any  of  the  railroad  corpor- 
ations, as  may  seem  to  them  appropriate.  And  the  said 
Board  of  Railroad  Commissioners  shall  be  charged  with 
the  duty  to  recommend  and  draft  for  the  Legislature  such 
bills  as  will,  in  their  judgment,  protect  the  people's  inter- 
est iu  and  upon  the  railways  of  this  state.  And  it  shall 
1  kewise  be  the  duty  of  such  Commissioners  to  take  testi- 
mony upon,  and  have  hearing  for  and  against  any  proposed 
change  of  the  law  relating  to  any  railway  or  railwavs  or 
proposed  change  of  the  general  law  in  relation  to  railways, 
if  requested  to  do  so  by  the  Legislature  or  by  the  Com- 
mittee on  Railroads  of  the  Senate  or  Assembly,  or  by  the 
Governor,  or  by  any  railroad  company,  or  by  any  incor- 
porated organization  representing  agricultural  or  commer- 
cial interests  in  the  state,  and  such  Commissioners  shall 
thereupon  report  their  conclusions,  in  writing,  to  the 
Legislature  or  to  such  legislative  committee,  governor, 
company,  or  such  organization  from  whom  the  request  to 
act  emanated.  (Sec.  9,  Chap.  353.) 

The  Commissioners  may  prescribe  the  form  of  report  to 
be  made  by  railroad  corporations.  (Sec.  10.)  The  total  an- 
nual expense  of  the  Board  of  Commissioners  is  to  be  borne 
by  the  railroads  of  the  slate.  (Sec.  13  ) 

Said  Railroad  Commissioners  shall  not,  directly  or  indi- 


64 

rectly,  solicit  or  request  from,  or  recommend  to,  any  rail- 
road corporation  or  any  officer,  attorney  or  agent  thereof, 
the  appointment  of  any  person  or  persons  to  any  place  or 
position,  nor  shall  any  railroad  corporation,  its  attorney  or 
agent,  offer  any  place,  appointment  or  position  or  other 
consideration  to  such  Commissioners,  or  either  of  them, 
nor  to  any  clerk  or  employe  of  said  Commissioners  what- 
ever ;  neither  shall  said  Commissioners,  nor  their  Secre- 
tary, clerks,  agents,  employes  or  experts  accept,  receive  or 
request  any  pass,  present,  gift  or  gratuity  of  any  kind  from 
any  railroad  corporation,  under  penalty  of  forfeiture  of 
office,  and  any  Commissioner  who  shall  secretly  reveal 
any  information  gained  by  him  from  one  railroad  com- 
pany to  any  other  railroad  company  or  person  shall  be 
guilty  of  a  misdemeanor.  (Sec.  14.) 

OHIO. 

A  Commissioner  of  Railroads  and  Telegraphs  shall  be 
appointed  by  the  Governor,  with  the  advice  and  consent  of 
the  Senate.  No  person  interested  in  a  railroad  company  is 
eligible.  (Rev.  Stat.,  1880,  Sec.  245.) 

When  the  Commissioner  has  reasonable  grounds  to  be- 
lieve, either  on  complaint  or  otherwise,  that  any  of  the 
tracks,  bridges,  or  other  structures  of  any  railroad  in  this 
state  are  in  a  condition  which  rendprs  them,  or  any  of 
them,  dangerous,  or  unfit  for  the  transportation  of  pas- 
sengers, he  shall  forthwith  inspect  and  e-xamine  the  same; 
and  if  found  to  be  unfit  for  the  safe  transportation  of  pas- 
sengers, he  may  notify  the  railroad  officials  to  make  repairs, 
etc.,  may  prescribe  the  rate  of  speed  for  trains,  or  wholly 
stop  the  running  of  passenger  trains  over  the  same.  Those 
disobeying  his  orders  are  to  be  severely  punished.  (Sec.  247.) 
When  the  Commissioner,  upon  complaint  or  otherwise, 
has  reason  to  believe  that  any  railroad  company,  or  any 
officer,  agent,  or  employe  of  any  railroad  company,  has 
violated,  or  is  violating,  any  of  the  laws  of  the  state,  he 
shall  examine  into  the  matter.  (Sec.  248.) 

The  railroads  are  to  file  in  the  Commissioner's  office 
annual  reports  giving  information  as  to  nearly  sixty  speci- 
fied particulars.    (Sec.  251.) 
Every  corporation  or  company  operating  a  railroad,  or 


65 

any  part  of  a  railroad,  within  this  state,  shall,  on  demand 
of  the  Commissioner,  furnish  him  with  copies  of  all  leases 
contracts,  and  agreements  with  express,  sleeping  car, 
freight,  or  rolling  stock  companies,  or  other  companies 
doing  business  upon  or  in  connection  with  such  road. 
(Sec.  256.) 

The  Commissioner  is  to  be  notified  of  all  fatal  railroad 
accidents,  and  may  examine  into  the  cause  of  the  same. 
(Sec.  257.)  The  forfeitures  and  penalties  provided  for  are  to 
be  collected  by  civil  actions  brought  by  the  county  attor- 
neys at  the  instance  of  the  Commissioner,  or  of  a  citizen 
who  will  become  liable  for  costs.  (Sees.  263,  262.) 

The  Commissioner  shall  make  to  the  Governor  annually 
a  report  of  the  affairs  and  condition  of  all  the  railroad  and 
telegraph  companies  having  lines  in  this  state,  and  also  of 
accidents  on  railroads  resulting  in  injuries  to  persons,  and 
the  circumstances  and  cause  thereof;  and  he  shall  include 
in  his  report  such  other  information  and  such  suggestions 
and  recommendations  as,  in  his  opinion,  are  of  importance 
to  the  state. 

There  are  several  minor  provisions  to  the  effect  that  he 
mu  t  enforce  a  statute  requiring  railroads  to  place  mov- 
able bridges  between  passenger  cars  (Sees.  3347  3350);  re- 
quiring his  approval  of  all  freightways  to  be  constructed, 
Sec.  3356.  and  allowing  trains  of  one  road  to  cross  another's 
track  without  previous!}7"  stopping,  on  the  company's  using 
certain  appliances  to  be  approved  by  the  Commissioner. 
(Laws  1882,  p.  95.) 

RHODE  ISLAND. 

The  Governor  shall  appoint  a  Railroad  Commissioner. 
(Pub.  Stats.,  Chap.  158,  Sec.  1,  p.  405.)  He  is  to  be  notified 
of  any  railroad  accident  within  twenty -four  hours  after 
t lie  happsning  thereof.  (Sec.  18.)  He  shall  thereupon  or 
upon  rumor  of  such  accident  repair  to  the  place  thereof 
and  inquire  into  the  facts  and  circumstances  connected 
therewith,  and  shall  without  charge  furnish  to  any  person 
injured,  or  the  friends  of  any  person  killed,  such  informa- 
tion as  he  may  obtain.  (Sec.  28.)  He  shall,  whenever  ho 
shall  dcsm  it  expedient,  personally  examine  into  the  pro- 
ceedings of  any  railroad  corporation  .  .  .  established 


this  state,  and  report  to  the  General  Assembly,  from 
time  to  time,  whether  such  facilities  and  accommodations 
as  are  required  by  law  are  furnished,  and  into  all  the  other 
acts  and  doings  of  any  such  corporation  whereby  the  rights 
and  privileges  of  this  state  or  any  of  its  citizens  may  be 
affected.  (Sec.  27.) 

He  may,  on  application  of  the  authorities  of  any  town, 
and  after  due  hearing,  require  a  company  to  alter  the 
grade  of  a  highway  crossing  its  road  so  that  said  highway 
shall  pass  over  or  under  said  railroad.  Should  the  com- 
pany neglect  or  refuse  to  obey  the  decision  of  the  Commis- 
sioner, said  town  authorities  may  make  such  alterations 
and  recover  all  charges  and  expenses  from  the  corporation. 
(Sees.  33-34.) 

Railroads  are  to  report  annually  to  the  Commissioner 
such,  facts  as  he  may  require.  (Sec.  4.)  The  Commissioner 
shall,  every  year,  and  oftener  if  he  deem  it  necessary,  re- 
port to  the  General  Assembly  of  the  state  the  condition 
and  proceedings  of  the  several  railroad  corporations,  so 
far  as  public  interest  may  require  the  same.  (Sec.  29.) 
SOUTH  CAROLINA. 

Tii3  Railroad  Commissioner  shall  be  elected  by  a  joint 
vote  of  the  General  Assembly.  He  is  not  to  be  interest  jd 
in  or  connected  with  any  railroad  company.  (General 
Statutes,  1882,  Sec.  1,451.)  He  is  to  have  the  general  super- 
vision of  all  railroads  and  rail  ways  in  this  state  operated  by 
steaui,  and  shall  examine  the  same  and  keep  himself  in- 
formed as  to  their  condition  and  the  manner  in  wbich  they 
are  operated,  with  reference  to  the  security  and  accommo- 
dation of  the  public,  and  the  compliance  of  the  several  cor- 
porations with  the  provisions  of  their  charters  and  the 
laws  of  the  state.  Whenever  he  shall  be  satisfied  that  a 
corporation  has  neglected  to  comply  with  the  terms  of  its 
charter,  or  with  the  provisions  of  any  of  the  laws  of  the 
state,  especially  in  regard  to  the  connections  with  other 
railroads,  the  rates  of  toll,  and  the  time  schedule,  he  shall 
give  notice  thereof  in  writing  to  such  corporation,  and  if 
the  violation  or  neglect  is  continued  after  such  notice  he 
shall  apply  an  iujunection  to  restrain  it  from  further 
violation  of  the  law  or  of  its  charter.  (Sec.  1,456.)  He 


may  notify  a  company  to  make  necessary  improvements 
and  changes  in  its  rolling  stock,  station  houses,  etc.,  also 
reasonable  modifications  of  its  rates  of  transportation,  and 
if  the  corporations  fail  to  adopt  his  suggestions,  may  call 
upon  the  Attorney-General  to  take  such  legal  proceedings 
as  he  may  d9em  expadient.  (Sec.  1,457.)  He  is  authorized 
to  investigate  complaints  and  report  to  the  General  Assem- 
bly, or  if  there  be  necessity  for  prompt  action,  he  may 
take  such  legal  proceedings  as  may  be  proper.  (Sec.  1,458.) 

The  Railroad  Commissioner  shall  investigate  the  causes 
of  any  accident  on  a  railroad  resulting  in  loss  of  life,  and 
of  any  accident  not  so  resulting,  which,  in  his  judgment, 
shall  require  investigation. 

There  are  the  ordinary  provisions  for  an  annual  report, 
which  is  to  be  made  to  the  Legislature,  with,  a  special  re- 
port of  all  accidents  and  the  causes  thereof,  for  the  pre- 
ceding year.  (Sees.  1,462,  1,463.) 

All  pooling  contracts  are  to  be  submitted  to  the  Commis- 
sioner for  his  approval,  so  far  as  they  may  be  affected  by 
any  of  the  provisions  contained  in  this  chapter,  for  secur- 
ing to  all  persons  just,  equal  and  reasonable  facilities  for 
transportation  of  freight  and  passengers  :  and  if  the  agree- 
ments violate  any  provision  of  the  railroad  laws,  and  are 
not  amended  within  five  days  after  the  parties  thereto  are 
notified  of  the  Commissioner's  objections,  he  shall  there- 
upon call  upon  the  Attorney-General  to  institute  proceed- 
ings to  enforce  certain  penalties  provided. 

By  an  act  passed  in  1883,  the  South  Carolina  Railroad 
Commissioner  is  required  to  establish  rates  of  fare  and 
freight  for  the  railroads  of  the  state,  very  much  as  is  done 
in  Georgia. 

TENNESSEE. 

The  act  establishing  the  Tennessee  Railroad  Commission' 
passed  in  the  spring  of  1883,  provides  for  a  commission  of 
three  persons,  to  be  appointed  by  the  Governor,  and  to  hold 
office  till  Jan.  1,  1885  ;  their  successors  to  be  chosen  by  the 
people,  and  to  hold  office  for  two  years  ;  one  commissioner 
to  be  chosen  from  West,  one  from  Middle  and  one  from 
East  Tennessee. 


68 

No  person  shall  be  qualified  for  a  Commissionf  r  who 
owns  stock  or  i  ^  connected  with  railroads. 

The  Commission  is  required  to  examine  and  revise  tariffs, 
and  to  hear  and  investigate  all  complaints  and  take  neces- 
sary ac'ion  thereon. 

The  same  law  defines  railroads  as  public  highways,  and 
prohibits  all  discrimination  against  persons,  corporations 
and  places  ;  but  contracts  for  special  rates  for  the  purpose 
of  developing  industrial  enterprises  are  permitted. 

The  penalty  for  extortionate  rates,  or  discrimination  in 
rates,  is  fixed  at  ten  times  the  amount  of  damages,  to  be  re- 
covered by  suit  brought  by  the  aggrieved  party;  but  if  the 
rates  charged  have  been  approved  by  the  Railroad  Commis- 
sion, only  actual  damage  can  be  recovered.  The  Attorney- 
General,  on  information  of  the  Railroad  Commission,  must 
bring  suit  for  any  violation  of  the  law.  The  approval  of 
the  Railroad  Commission  is  prima  facie  evidence  of  the 
reasonableness  of  the  rates.  Rates  shall  not  be  deemed 
extortionate  if  it  can  be  shown  that  the  net  earnings  of  a 
road  do  not  exceed  a  fair  interest  on  its  value  as  assessed 
for  taxation.  Tariffs  mu-t  be  posted  at  all  stations. 

Contracts  for  division  of  business  or  for  buying  off 
competition  are  prohibited,  and  railroads  are  required  to 
receive  all  business  offered  to  the  extent  of  their  facilities  ; 
provided  that  free  transportation  is  not  prohibited  unless 
offered  to  evade  this  law. 

The  law  requires  the  Commission  to  inspect  railroads  and 
require  the  companies  to  make  such  changes,  repairs,  etc., 
as  may  be  necessary  for  proper  conduct  of  business.  The 
railroad  companies  must  pass  commissioners  free  and  give 
them  all  necessary  facilities  for  inspection.  The  commis- 
sioners to  have  general  supervision  over  the  railroads  and 
to  keep  themselves  informed  as  to  their  condition,  methods 
of  operating,  etc.  To  investigate  all  accidents,  with 
authority  to  summon  witnesses,  and  to  make  a  report  to 
the  Legislature  yearly. 

The  Commission  has  the  right  to  examine  stock  books 
of  companies,  and  is  to  confer  with  commissioners  of 
other  states,  with  a  view  to  securing  uniform!' y  of  laws 
relating  to  railroads. 


69 

One  peculiar  section  of  this  law,  doubtless  intended  to 
meet  the  objection  that  restrictive  legislation  would  check 
railroad  construction,  provides  that  "  none  of  the  provisions 
of  this  act  shall  apply  to  any  railroad  now  being  con- 
structed, or  which  may  hereafter  be'begun  and  constructed 
in  this  state,  until  10  years  after  the  completion  of  such 
new  railroad." 

VERMONT. 

The  Senate  and  House  of  Representatives  are  to  elect  a 
Railroad  Commissioner,  who  must  not  be  a  stockholder? 
officer,  trustee,  assignee  or  lessee  of  any  railroad.  (Rev. 
Laws,  sec.  3,481.) 

The  Commissioner  shall  inquire  into,  examine  and  report 
biennially  to  the  Governor. 

Any  neglect  or  infringement  of  the  laws  for  the  regulation 
of  railroads  by  officers,  employes  or  agents  of  such  roads. 

The  condition  of  each  railroad,  its  state  of  repair  and  its 
conduct  and  management  for  the  public  safety. 

The  causes  of  the  failure  of  proper  railroad  connections, 
if  there  has  been  any,  and  wherein  such  failure  consists. 

The  pecuniary  condition  and  financial  management  of 
the  railroads  for  each  of  the  two  preceding  years  (Sec» 
8482);  also  cases  wherein  a  company  has  exceeded  its 
powers  or  incurred  a  forfeiture  of  its  franchises,  that  pro- 
ceedings may  be  taken  therefor.  He  shall  also  report  what 
further  legal  provision  should,  in  his  opinion,  be  adopted 
in  relation  to  railroads.  (Sec.  3,483.) 

The  Commissioner  may  establish  a  uniform  system  of 
keeping  railroad  accounts,  and  of  making  and  publishing 
returns  of  the  condition  of  railroads,  so  as  to  conform,  as 
far  as  practicable,  to  a  uniform  system,  adopted  by  the 
states  of  Maine,  Massachusetts,  New  Hampshire,  Rhode 
Island,  Connecticut  and  New  York.  (Sec.  3,484.) 

The  management  of  each  railroad  shall  make  to  the  Com- 
missioner under  oath  such  returns  and  in  such  form  and  at 
such  time  as  he  prescribes  and  makes  known  to  them. 
(Sec.  3486.)  His  salary  and  expenses  are  to  be  taxed  upon 
the  railroad  companies.  (Sec.  3,491.)  He  is  to  prosecute 
for  certain  offenses  to  bridges  and  ladders  or  steps  of  cars. 
(Sees.  3,418-3,421.) 


70 

VIRGINIA. 

Chap.  254,  Laws  1876-7,  provides  that  there  shall  be  a  Rail- 
road Commissioner  to  be  elected  by  the  General  Assembly. 
He  must  not  be  employed  by  or  interested  in  any  railroad 
in  this  or  any  other  state.  (Sec.  1.)  Said  Commissioner  is 
to  have  the  general  supervision  of  all  railroads  in  the  state 
operated  by  steam,  is  to  examine  them  and  keep  himself 
informed  as  to  their  physical  condition,  and  the  manner  in 
which  they  are  operated,  with  reference  to  the  security  and 
accommodation  of  the  public,  and  also  as  to  the  compliance 
of  the  companies  ^'ith  tl  e  provisions  of  the  charters  and 
of  the  laws.  (Sec.  2.) 

Whenever  it  shall  appear  in  the  judgment  of  the  Com- 
missioner that  a  comp  my  has  neglected  to  comply  with 
the  terms  of  its  charter  or  the  provisions  of  the  laws  of  the 
state,  especially  concerning  connections  with  other  rail- 
roads, the  rates  of  toll  and  the  time  schedule,  he  shall  give 
notice  thereof  to  such  corporations,  and  if  the  violation 
of  neglect  is  continued,  report  the  facts  to  the  Board  of 
Public  Works,  and  su-h  board,  if  on  inquiry  it  seems 
proper  or  necessary,  shall  direct  the  Commissioner  to 
apply  for  an  injunction  to  restrain  .  further  contin- 
uance of  said  unlawful  acts.  (Sec.  3.)  He  may  inform  a 
corporation  of  repairs,  additions,  etc.,  deemed  reasonable 
and  expedient  for  the  security  and  convenience  of  the  pub- 
lic, and  on  its  failure  to  adopt  his  requirements  report  the 
facts  to  the  Board  of  Public  Works  for  its  action.  (Sec- 
tion 4.) 

Upon  complaint  of  certain  city,  county  or  town  authori- 
ties, he  may  examine  the  physical  condition  of  any  road, 
and  if  the  complaint  appears  on  investigation  well  founded, 
may  notify  the  company  thereof,  and  on  its  failure  to  re- 
move the  cause  of  the  complaint,  inform  the  Board  of  Pub- 
lic Works  of  his  proceedings,  etc.  (Sec.  5.) 

Annual  returns  are  to  be  made  to  the  Commissioner  by 
the  companies  (Sec.  10),  and  they  are  at  all  times  to  furnish 
him  with  such  information  concerning  the  physical  condi- 
tion of  their  roads  as  he  may  require.  (Sec.  7.) 

The  Commissioner  is  to  report  annually  to  the  Legislature 
such  statements,  facts,  etc.,  as  will  disclose  the  actual 


71 

w oik  ing  of  the  systtm  of  railroad  transportation  in  its 
bearings  upon  the  business  and  prosperity  of  the  state — 
such  suggestions  as  to  the  general  policy  of  the  common- 
wealth as  may  seem  appropriate,  with  a  special  report  of 
all  accidents  and  the  causes  thereof  for  the  preceding  year. 
(Sec.  9.) 

He  is  to  investigate  the  cause  of  railroad  accidents. 
(Sec.  6.) 

He  is  to  employ  experts  when  necessary.     (Sees.  11,  13.) 

The  railroad  companies  are  to  bear  the  expenses  of  the 
Commission.  (Sec.  12.) 

Chap.  234,  Laws  1877-8,  Amended  Laws  1878-9,  p.  367, 
provide  that  tne  Commissioner  shall  contract  with  the  sev- 
eral railroad  companies  doing  business  in  the  state  for  the 
transportation  of  convicts  and  lunatics,  with  their  attend- 
ants. 

Laws  Ih78  9,  p.  256,  enact  that  it  shall  be  the  Commis- 
sioner's duty  to  cause  to  be  printed  and  posted  at  each 
.railroad  station  such  portions  of  the  statutes  regulating  the 
tolls  of  the  railroads  and  otherwise  prescribing  their  duties 
as  may  seem  proper  to  the  Commissioner,  together  with 
such  explanations  and  suggestions  as  will  inform  the  pub- 
lic of  their  rights,  and  enable  any  person  who  may  complain 
of  any  violation  of  such  statutes  to  have  such  violation 
properly  inquired  into  and  punished. 
WISCONSIN. 

The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  a  Railroad  Commissioner,  who  is 
not  to  be  a  person  employed  by  or  interested  in  any  rail- 
road, freight  or  transportation  company.  (Rev.  Stats., 
Sees.  1,792-1,793.) 

Such  Commissioner  shall  inquire  into  any  neglect  or 
violation  of  the  laws  of  the  state  by  any  railroad  corpora- 
tion doing  business  therein,  or  by  the  officers,  agents  or 
employes  thereof,  or  by  any  person  operating  a  railroad. 
He  shall  inspect  and  examine  the  condition,  equipment 
and  manner  of  management  of  all  railroads,  \*  ith  relation 
to  the  public  safety  and  convenience.  He  shall  also  exam- 
ine and  ascertain  the  pecuniary  condition  and  the  man- 
ner of  the  financial  management  of  every  such  railroad 


72 

corporation.  Whenever  he  shall  receive  any  complaint  in 
writing,  made  by  any  citizen  of  this  state,  of  any  such 
neglect  or  violation  of  law,  and  specifying  the  acts  com- 
plained of,  such  Commissioner  shall  investigate  the  same  ; 
and  if  he  shall  find  such  complaint  well  founded  he  may, 
in  his  discretion,  report  the  facts  to  the  Attorney-General, 
who  shall  thereupon  prosecute  an  action  thereon  in  the 
name  of  and  for  the  benefit  of  the  party  aggrieved,  at  the 
expense  of  the  state.  (Sec.  1,794.) 

The  Commissiouer  is  to  ascertain  from  each  company, 
through  returns  which  they  are  required  to  make  to 
him,  certain  facts  concerning  their  receipts,  earnings,  in- 
debtedness, etc.  These  are  to  be  forwarded  to  the  State 
Treasurer  ;  he  is  also,  annually,  to  make  a  report  to  the 
Governor  of  the  transactions  of  his  office  for  the  preceding 
year,  and  containing  such  information,  suggestions  or 
recommendations  in  respect  to  the  matters  under  his 
charge,  as  he  may  deem  proper.  (Sec.  1,795.) 

Section  1,797,  as  amended,  laws  of  1881,  Chap.  224,  page 
269,  allows  him  when  necessary  to  employ  experts  to  as- 
sist him  in  examining  bridges. 


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